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Supreme Court of India 2024-08-20 partly_allowed

Bench: 2 — Abhay S. Oka, Ujjal Bhuyan

In Brief

A man aged 25 sexually abused a 14-year-old girl who became pregnant. A special court convicted him of rape and aggravated sexual assault. The High Court acquitted him, incorrectly reasoning the relationship was "consensual" and "non-exploitative," and criticizing the law for criminalizing adolescent sexuality. The Supreme Court set aside the acquittal and restored the conviction, holding that sexual acts with minors are offences regardless of consent. The Court also condemned the High Court's irrelevant personal observations on morality and sexuality as improper judicial conduct. Critically, the Court found the State had failed to provide the victim statutory support and rehabilitation. It directed the State to constitute an expert committee to help the adult victim make an informed choice about her future.

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Criminal Procedure Sexual Offences Child Protection Rape POCSO Act Juvenile Justice Judicial Ethics Victim Support Family Law Constitutional Law

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