Supreme Court of India: Has canceled the sentence of a person convicted of rape 27 years ago. While giving this verdict, the court said that in view of the special circumstances of the case, it would be a great injustice to continue the sentence.
Justice B.V. A bench of Nagratna and Justice Satyesh Chandra Sharma said, ‘The accused in this case later married the complainant and has four children. Special circumstances of this case force us to exercise our powers under Article 142 of the Constitution of India. Article 142 empowers the court to issue orders to ensure complete justice.
The court said that ‘this decision was appropriate given the couple’s two -decade -old marriage and the real status of their relationship’. In this case, the person was convicted of kidnapping and rape in 1997. The woman was a minor at that time. However, after this, both of them got married in 2003 and started the family. In this case, he was sentenced to 7 years in jail by the lower court in 1999, which was canceled by the High Court in 2019, although it was confirmed. The person was granted bail from the Supreme Court in 2021.
When the matter reached the Supreme Court, the lawyer of the accused argued that ‘continuation of the sentence will not only be legally rigid but it will also disrupt the life of his family.’ The state government opposed the appeal and cited the woman’s minor situation. The court said that ‘special circumstances in the case demand an extraordinary solution.’
Citing its recent decisions, the court emphasized that ‘pre -established family life will arise only before continuing the sentence.’ The Supreme Court eventually canceled the accused’s sentence and conviction. Now there will be no official record of that person. The court gave its verdict on January 30, saying, “We cancels conviction and punishment using our powers under Article 142 of the Constitution of India.”
