In a rare decision, the Supreme Court of India remitted the 20-year sentence of a man convicted under the Protection of Children from Sexual Offences (POCSO) Act for the aggravated sexual assault of his 14-year-old niece. The man later married the victim, and they have children together. The Special Bench, led by Chief Justice D.Y. Chandrachud, used its extraordinary powers under Article 142 of the Constitution to ensure ‘complete justice.’
The court, considering the “peculiar facts” of the case, ordered the man’s release, waiving the remaining sentence and a ₹2 lakh fine. The decision cited past judgments that recognized the custom of avunculate marriage in Tamil Nadu, prevailing over the strict provisions of the POCSO Act.