The Supreme Court set aside the conviction of a man under Section 366 IPC and Section 6 of the POCSO Act, invoking its powers under Article 142 of the Constitution.
The Bench of Justices Dipankar Datta and A.G. Masih noted that the survivor had since married the accused, borne his child, and lived with him in a consensual relationship.
The Court held that sustaining the conviction would cause irreparable harm to the wife and child and disrupt their settled family life.
The Court observed that the incident stemmed from affection, not predation, and accordingly quashed the conviction.
[K. Kirubakaran v State of Tamil Nadu]
