NEW DELHI: The Supreme Court on Tuesday set aside the Calcutta Hugh Court's judgment that acquitted a man in a case of the rape of minor girl since he married her, and made "objectionable" observations advising adolescent girls to "control sexual urges".
A bench of Justices Abhay S Oka and Ujjal Bhuyan also issued guidelines for the judges on how to write judgments in cases involving adolescents.
"We have set aside the judgement and restored the conviction under section 376 (Rape) of the Indian Penal Code (IPC). We have said in what manner the judgement is to be written. So all observations will go," the bench said, pronouncing the judgment in a suo motu case.
The bench opined that the matter should have been sent to the Juvenile Justice Board, as the Juvenile Justice Act has enough provisions to take care of future of child till age of 21.
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The apex court, while restoring the conviction of the man, accused of sexual assault, also directed states to implement provisions from 19(6) of POCSO with 30 to 43 of JJ (Juvenile Justice) Act.
The bench also constituted a committee of experts to help child to make an informed choice.
The apex court had in May, 2024 reserved the judgment, after hearing the parties in the suo motu matter.
On January 4, 2024, the apex court questioned the Calcutta High Court "problematic" judgment, which advised adolescent girls to “control sexual urges” and young men to train themselves to respect women.
Taking up the matter registered as 'Right to Privacy of Adolescents' after the HC's verdict, the court had taken exceptions to acquittal of the accused under the POCSO Act after his marriage with the 14-year-old victim.
The Calcutta High Court had in its verdict on October 18, made the observations in a case while acquitting a man, who was earlier convicted by a lower court for raping a minor girl with whom he had a 'romantic affair'.
The Calcutta HC bench had advised young girls and boys to rein in their sexual urges.
The court had appointed senior advocate Madhavi Divan as Amicus Curiae (Friend of the court) in the case to assist the court.
The West Bengal govt had also filed a special leave petition against the October 18, 2023, verdict of the HC.
The court had earlier said that the judges should not express their personal belief or opinion or try to preach, while hearing the matter.
