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New Delhi:
Many times the court has to do justice above the law in view of the situation in the case, because the laws have been made for the good of human beings. One such order was pronounced by the Supreme Court on Friday, in which the convict of the rape was freed. This man raped a minor. In such a situation, this man proved to be a criminal in the eyes of the law, but the victim said that she loves this person. After a long court struggle, this girl has finally found ‘justice’. However, the Supreme Court made it clear that this decision would not be considered as Nazir.
First understand what is the matter
This case is said to be West Bengal, where in 2018, a 14 -year -old girl was raped by a 25 -year -old youth. Claiming the rape case, the young man was sentenced to 20 years in the Poxo Act by the lower court. But the case took a new turn when the girl said that she loves the young man. Both have also married and she herself ran away from home. Also told that he also has a small child. Now the girl started to save her husband and save a small family. Eventually, this girl’s family survived. The court released the convict of the rape. This ‘Supreme’ decision Justice Abhay S.K. A bench of Oka and Ujjwal Bhuiyan gave the hearing being filed against a decision of the Calcutta High Court.
This is the case
- 14 -year -old girl was raped in the year 2018
- The young man was sentenced to 20 years
- The woman said that she loved
- Told the court that both of them got married.
- The girl wandered for lobbying the girl in her lap
- Court released a young man using Article-142
How to release the convict of rape?
The Supreme Court also admitted in this case that the youth is guilty of rape. The decision of Calcutta High Court is correct. But despite this, in view of the situation, the Supreme Court has ruled to release the youth using special powers obtained from Article-142 of the Constitution. The court said in its order that this case is going to open the eyes of the people. The Supreme Court was hearing in this case by taking automatic cognizance in the name of Right-to-Privesi of Adulsant. The court has no option except to send the accused to jail by punishing him, but in this case the victim’s family and the legal system have already done a lot of injustice to the victim. The girl and her young child have suffered a lot of stress and sorrow, now the court cannot do any more injustice to her by sending her husband to jail. Therefore, the accused is done.
The Calcutta High Court had canceled the sentence of 20 years imprisonment to the accused from the lower court in the Poxo Act for the crime of rape of a minor. But in the verdict given by the Supreme Court on 20 August 2024, the order to cancel the sentence of the High Court was rejected. The Supreme Court had reinstated the order of the lower court sentence, but kept the sentence suspended. After this, the Supreme Court had formed a three -member expert committee and sought a detailed report in this case. This committee said that if the young man is punished, the girl’s entire family will be shattered. After this, the Supreme Court ordered the victim’s rehabilitation and waived the further sentence of the accused.
(Tagstotranslate) Supreme Court (T) Pardoned Rape Sentence (T) Rape Convict (T) Article 142 (T) Supreme Court (T) Supreme Court (T) Anuch & Zwj; Holes 142
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