DATE OF JUDGEMENT- NOVEMBER 18, 2021
CRIMINAL APPEAL NO. 1410 OF 2021
BENCH: JUSTICES UDAY UMESH LALIT, S.RAVINDRA BHAT AND BELA M. TRIVEDI.
DECIDED BY: SUPREME COURT OF INDIA (apex court of the country).
YEAR-2021
1. FACTS-
The facts involved in the case have been framed as the accused named, Satish who was involved in the offense of sexual assault under the POCSO ACT of 2012 and section 354 of IPC or Indian Penal Code of 1860.
In the concerned matter of case, the child victim was a 12-year-old girl who stated that the accused, or Satish had tried to assault her sexually which involved the act of touching her inappropriately and that he had pressed her breast over her clothes without any skin contact.
The trial court has punished Satish and the appeal went to the High Court of Judicature of Bombay where the whole thing was discussed with regard to the substantial interpretation of the law.
The High Court has expressed or viewed a narrow interpretation of the case for which contentions were raised and the court declared that since there was no skin-to-skin contact the accused or Satish cannot be charged under the concerned section of the POCSO ACT of 2012.
All the matter was regards to the tenure of punishment that could be given to the accused but the thought of justice must and needs to be considered for which the judiciary has to play its paramount and effective role.
Then, the case went to the apex court of the country which is the Supreme Court of India.
Then eventually the facts of the case were critically analyzed in order to match or check the implementation of the concerned law for the higher purpose as its primary objective is to safeguard the children or child victims of any gender be it male or female under the 18 years of age or minor or juvenile which means not being a major from or against such heinous crimes that too of sexual offenses. Also, the point to be noted or highlighted is that the POCSO ACT of 2012 is a gender-neutral law in respect of its provisions.
2. ISSUES RAISED-
Issues were raised with regard to the concerned matter of interpretation of the law of the POCSO ACT of 2012 and facts of the case both from the petitioner and respondent side in order to let the judicial setup work for its proper spirit in imparting justice to the most important and yet sensitive section of the society which includes the child victims that too here 12-year-old girl. The substantial issue raised was whether physical contact or skin-to-skin contact was required in order the charge the accused under the concerned section of the POCSO ACT of 2012 and how narrow or wider should be interpretation of the law should be done in this context for such sexual assault crime or sexual offense in the light of the facts of the case.
3. CONTENTION-
The issue was raised from the petitioner’s side that the Bombay High Court’s interpretation of the law was too narrow and it does not go in a well-versed with the case as per the facts stated and also it is a flaw in a justice delivery that it cannot work for the enforcement and implementation of most important law such as of or that too of the POCSO ACT of 2012.
The matter was raised that the legislative intent behind the formulation of this act was to provide adequate safeguard to the child victim from such grave sexual offenses and interpreting the fact in a narrow manner without considering the mens rea of the accused and neglecting it for and providing the accused with less severe punishment imposes a grave question of faith upon the judicial system of the country that needs to be addressed in the highest hour for the betterment of society.
While on the other hand, the respondent’s side was paramountly being focused on confirming the interpretation done by the Bombay High Court that there was no such grave physical contact and as per the mere interpretation how could the accused be punished under the grave punishment of the POCSO ACT of 2012 and the case has been already decided why to appeal in the apex court since everything is well-versed with the law or in the eyes of the law.
4. RATIONALE-
The apex court of the country which means the Supreme Court of the country has thoroughly analyzed the case with respect to legal principles and provisions concerned in the matter of the case and has worked and said or delivered that the narrow interpretation of the law could not be done in such a manner yielding the failure or miscarriage of justice or which ultimately hampers the objective of the act in the present case in a prime matter.
The intent of the accused has been already clarified with respect to these acts and as per the facts and circumstances of the cases with respect to evidence recorded and investigation done that could be justified and enough for charging him under the concerned section of the POCSO ACT of 2012 and not just focusing upon the established notion of kin to skin contact as such heinous crimes of sexual nature needs to be addressed so that the child or child victims could be safe and such crimes should be discouraged in our society for the welfare of the society itself.
The Supreme Court has eventually rectified the mistake of the or decision of the High Court of Judicature of Bombay and has given a wider interpretation of the section that the special circumstances of the case uniquely need to be addressed and courts should function in the implementation of the protective measures of the act and child safety against these sexual offenses should be the prime concern and mere not so substantial things or narrow interpretation should not hamper the delivery of a just and fair justice to the victim or needy ones.
5. DEFECTS OF LAW-
The narrow interpretation of the concerned section of the POCSO ACT of 2012 or law has eventually created a fear and ambiguity that needs to be addressed to courts or by the courts in the other cases as well from time to time as per the need of the hour.
Also, the problems or loopholes standing in the line of interpreting the law need to be addressed and modified so that technical irregularities could be clarified and the prime objective of the act to deliver justice and protection of child victims of any gender be it male or female should be imparted in a justified and judicious yet effective manner without any delay or unnecessary delay.
The judicial setup should work in an effective manner and should not hamper the spirit of fair justice delivery due to such not-so-substantial matters involved in the cases and should be worked for the higher purpose of law and law should be formulated and interpreted in that manner only which will yield greatest good to the society and will fulfill eventually the scope and objective of various welfare concerns as done or considered in the present case where the POCSO ACT of 2012 was or has been formulated with the significant approach of punishing the accused or who have been convicted in such cases against the child victims of any gender be it male or female and have been involved in sexual offenses of minor or major nature in the scope of sexual assault, sexual harassment, pornography and so on so forth.
6. INFERENCE-
This case has served as an example that says much about the judicial responsibility and how the judiciary should and must work for the betterment and upliftment of the society or for the highest call and interpretation should be done in such a manner that will not hamper the established or substantial notion of justice for the parties concerned in the case be it petitioner or respondent and that too where sensitive cases have been involved here, the child victim which is under 18 years of age i.e 12 years old girl. The judiciary should be cautious in delivering the judgment so that no miscarriage of justice should be there and the law should be checked in its formulation and its implementation aspect in such a manner which will ultimately yield good results and effects for the society for which it is being made.
Thus, it can be concluded that this case holds a paramount role in the legal history of India and has been set up as a great example or precedent for emphasizing upon how the effective role of the judiciary at all levels in a country helps in the fundamental governance of the land or country and the members of this auspicious fraternity of legal arena should play its or their vital role for the betterment with due care and dedication as it will serve the best of the society and will maintain the relevancy of the judicial setup in the country and people will tend to maintain their faith upon the judiciary and crimes could be controlled which will foster a healthy and harmonized society for this contemporary era of human civilization.
WRITTEN BY: MALLIKA KUMARI
COLLEGE NAME: AMITY UNIVERSITY PATNA