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Supreme Court of India 2022-05-09 allowed

K. Dhandapani vs State by the Inspector of Police

Bench: 2 — Sanjay Kishan Kaul, Abhay Shreeniwas Oka

In Brief

A maternal uncle was convicted under the Protection of Child from Sexual Offences Act for having sexual relations with his minor niece on a promise of marriage. He subsequently married the victim, and they have two children. The victim confirmed in a Court-directed statement that she is leading a happy married life and the children are being properly cared for. The Supreme Court exercised its power under Article 142 of the Constitution and set aside the conviction and sentence, holding that it cannot disrupt the family's current stable life given the ground reality, while preserving the victim's right to approach the Court if the appellant fails to provide adequate care."/> </invoke>

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Criminal Law Sexual Offences Child Protection POCSO Act Constitutional Powers Family Law

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