In a recent ruling, how did SC differ from POCSO?
• The Supreme Court declined to sentence a man convicted under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), citing the victim’s lack of view of the incident as a crime.
• POCSO Act, enacted in December 2012, criminalizes both penetrative and nonpenetrative sexual assault, harassment, and child pornography.
• The Act mandates child-friendly procedures like special courts, in-camera trials, and video-recorded tests.
• The case involved a 13-year-old girl from rural West Bengal who was later found to have married a 25-year-old man.
• The Calcutta High Court overturned the conviction, citing its inherent powers under Section 482 of the Code of Criminal Procedure.
• The court recommended legislative amendments to exclude such relationships from POCSO’s ambit.
• The court set aside the HC’s ruling, reaffirming that POCSO does not recognize ‘consensual sex’ with minors.
• The court withheld sentencing pending a report from a three-member expert panel.
• The court urged the West Bengal government to ensure the victim’s welfare and rehabilitation.
• The court stressed that any exceptions to the POCSO Act could weaken its core intent to protect minors from sexual exploitation.