New Delhi: In a landmark decision, the Supreme Court has overturned a 10-year jail term of a man convicted of rape, citing his marriage to the victim and their happy cohabitation. However, the acquittal comes with a condition: he must not abandon his wife.
The bench, comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi, noted that the relief was exceptional and conditional, warning that any attempt by the man to desert his wife would revive the conviction.
The case arose from an affair between the accused and a minor girl, who was later convicted under Section 376(2)(n) of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act.
The Supreme Court granted him bail in February 2025, after recording that the accused had married the complainant in December 2019 and was keeping her well.
In its final order, the court invoked its powers under Article 142 of the Constitution, acquitting the man but imposing a caveat that he must maintain a cordial relationship and not desert his wife.
The court warned that if the appellant attempts to misuse the concession granted, all proceedings at each level will stand revived.
