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The present incident took place on 4-1-1984, and since then the proceedings have been continuing for over four decades, with the trial itself taking nearly 19 years to conclude, and the present appeal remaining pending for more than 22 years.
While the crime was heinous and against a child, the Court noted that although the act was “barbaric”, it could not be termed “brutal” in the sense that it required capital punishment.
The Court considered that the complainant-wife had re-married and settled abroad. However, directed for compensation of Rs. 3,00,000/- to the former wife in view of the harassment which she was subjected to.
The Court opined that the prosecution did not place any material or evidence to conclude that reformation, rehabilitation, and social re-integration of the accused into society was not possible.
“A case involving love affair and unfortunately, the male member was made as a scapegoat to undergo imprisonment for the mistakes committed by the two. It is no doubt true that the offence under POCSO Act, 2012 has been made out to impose punishment on the accused, while the so-called victim girl is leading a happy life.”
The Supreme Court stated that it was imperative to conduct evaluation of mitigating circumstances at the trial stage, in order ‘to avoid slipping into a retributive response to the brutality of the crime’.
Madras High Court: In a case related to a reference made by the Additional District and Sessions Judge under S.
“Implicit in this shift is the understanding that the criminal is not a product of only their own decisions, but also a product of the state and society’s failing, which is what entitles the accused to a chance of reformation.”
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