• About us
  • Careers
  • Brand Partnerships
TFI Official Merchandise
TFI हिन्दी
TFI Global
Friday, May 27, 2022
TFIPOST
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    “Conversion is our fundamental right,” A Catholic body will challenge Anti Conversion Law

    “Conversion is our fundamental right,” A Catholic body will challenge Anti Conversion Law

    Azim Premji University just suspended a “Brahmin guy” on bogus charges of “Islamophobia”

    Azim Premji University just suspended a “Brahmin guy” on bogus charges of “Islamophobia”

    India Inflation chart

    After capping sugar and wheat, India is all set to halt rice exports as well

    The dog-loving Babu has been transferred to Arunachal. Sorry, how is this a punishment?

    The dog-loving Babu has been transferred to Arunachal. Sorry, how is this a punishment?

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    MGNREGA

    Dear PM Modi, please pull the plug on MGNREGA

    sugar export India chart

    After wheat, India stops the mindless export of sugar to the world

    Why PayTm Mall sank

    Why PayTm Mall sank

    India joins a trade pact that will starve China of money

    India joins a trade pact that will starve China of money

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Indian Army’s “Tour of Duty” explained to the last details

    Indian Army’s “Tour of Duty” explained to the last details

    Indian Defence Forces now have better winter gear that Indians are making for them

    Indian Defence Forces now have better winter gear that Indians are making for them

    metaverse soldiers

    Indian Army goes futuristic, will now train in Metaverse

    Global Air Powers Rankings

    India beats China in Global Air Power Ranking 2022

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    India Inflation chart

    After capping sugar and wheat, India is all set to halt rice exports as well

    Modi’s India is the dream nation that you fantasized about when you were a kid

    Modi’s India is the dream nation that you fantasized about when you were a kid

    India joins a trade pact that will starve China of money

    India joins a trade pact that will starve China of money

    Human Rights

    Oh, how the tables turned! The US stops playing the ‘Human Rights’ flute

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • History
    • Indology
    Pockets Women

    There is a social, cultural, economic and somewhat sexist reason why women’s apparel don’t have pockets

    black hole image

    What is a black hole and how relevant is the one we recently discovered in the Milky Way

    seven-day week

    24 hours, 1440 minutes, 86400 seconds: How Aryabhatta derived it and the West appropriated it

    Qutub Minar observatory

    Was Qutub Minar Raja Vikramaditya’s celestial observatory?

    • Culture
    • History
    • Indology
  • Lounge
    • All
    • Books
    • Cinema
    • Food
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Pockets Women

    There is a social, cultural, economic and somewhat sexist reason why women’s apparel don’t have pockets

    Prithviraj Chauhan movie

    Varun Grover has compared Prithviraj Chauhan with Ravan and I have no hopes left for the movie

    Kartik Aaryan Tiwari on movie set

    Kartik Aaryan Tiwari – A self-made superstar that even the Johars of Bollywood could not stop

    Why do you find it impossible to survive without ACs in Indian summers now?

    Why do you find it impossible to survive without ACs in Indian summers now?

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
TFIPOST
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    “Conversion is our fundamental right,” A Catholic body will challenge Anti Conversion Law

    “Conversion is our fundamental right,” A Catholic body will challenge Anti Conversion Law

    Azim Premji University just suspended a “Brahmin guy” on bogus charges of “Islamophobia”

    Azim Premji University just suspended a “Brahmin guy” on bogus charges of “Islamophobia”

    India Inflation chart

    After capping sugar and wheat, India is all set to halt rice exports as well

    The dog-loving Babu has been transferred to Arunachal. Sorry, how is this a punishment?

    The dog-loving Babu has been transferred to Arunachal. Sorry, how is this a punishment?

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    MGNREGA

    Dear PM Modi, please pull the plug on MGNREGA

    sugar export India chart

    After wheat, India stops the mindless export of sugar to the world

    Why PayTm Mall sank

    Why PayTm Mall sank

    India joins a trade pact that will starve China of money

    India joins a trade pact that will starve China of money

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Indian Army’s “Tour of Duty” explained to the last details

    Indian Army’s “Tour of Duty” explained to the last details

    Indian Defence Forces now have better winter gear that Indians are making for them

    Indian Defence Forces now have better winter gear that Indians are making for them

    metaverse soldiers

    Indian Army goes futuristic, will now train in Metaverse

    Global Air Powers Rankings

    India beats China in Global Air Power Ranking 2022

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    India Inflation chart

    After capping sugar and wheat, India is all set to halt rice exports as well

    Modi’s India is the dream nation that you fantasized about when you were a kid

    Modi’s India is the dream nation that you fantasized about when you were a kid

    India joins a trade pact that will starve China of money

    India joins a trade pact that will starve China of money

    Human Rights

    Oh, how the tables turned! The US stops playing the ‘Human Rights’ flute

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • History
    • Indology
    Pockets Women

    There is a social, cultural, economic and somewhat sexist reason why women’s apparel don’t have pockets

    black hole image

    What is a black hole and how relevant is the one we recently discovered in the Milky Way

    seven-day week

    24 hours, 1440 minutes, 86400 seconds: How Aryabhatta derived it and the West appropriated it

    Qutub Minar observatory

    Was Qutub Minar Raja Vikramaditya’s celestial observatory?

    • Culture
    • History
    • Indology
  • Lounge
    • All
    • Books
    • Cinema
    • Food
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Pockets Women

    There is a social, cultural, economic and somewhat sexist reason why women’s apparel don’t have pockets

    Prithviraj Chauhan movie

    Varun Grover has compared Prithviraj Chauhan with Ravan and I have no hopes left for the movie

    Kartik Aaryan Tiwari on movie set

    Kartik Aaryan Tiwari – A self-made superstar that even the Johars of Bollywood could not stop

    Why do you find it impossible to survive without ACs in Indian summers now?

    Why do you find it impossible to survive without ACs in Indian summers now?

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
TFIPOST
No Result
View All Result

“Live a Happy Married life”: SC tells POCSO accused man who married his underage niece

Rahul Gupta
by Rahul Gupta
14 May 2022
in Trending
0
Supreme Court of India

Credits: boardhr.blogspot.com

910
VIEWS
Share on FacebookShare on Twitter

The protection of the child from sexual Offenses (POCSO) Act, 2012 has been made to protect children from sexual assault and provide severe punishment for such offenders. But in the case of K Dhandapani v State, the Supreme Court of India has set aside the conviction of a man who was booked under the POCSO act.

The fact of the case

A man happens to be the uncle of an underage girl who made physical relations with her on the pretext of marriage. According to Dr. Joseph Aristotle S, the counsel appearing for the State stated in the court that the girl was 14 years old when the offense was committed and gave birth to the first child when she was 15 years old and the second child was born when she was 17 years old.

Following this, an FIR was registered against him for committing rape under section 5(j)(ii) read with section 6, 5(I) read with section 6 and 5(n) read with section 6 of the POCSO act. Further, the session court had sentenced him to undergo rigorous imprisonment for a period of 10 years and the judgment of the session court was upheld by the Madras high court. Aggrieved by the judgment of the lower court, the accused approached the SC for the review.

After hearing the matter, SC had directed the district judge to record the statement of the girl about her present status. In furtherance to this, the girl had categorically stated that “she has two children and they are being taken care of by the appellant and she is leading a happy married life”.

Read More: Child marriage rampant in Kerala despite all claims of high literacy and women empowerment

Can not shut eyes to the ground reality: SC

SC taking the practical view of the law said that “the conviction and sentence of the appellant who is the maternal uncle of the prosecutrix deserve to be set aside in the view of the subsequent events that have been brought to the notice of this court”. Adding the reasoning of view, SC stated that “this court cannot shut its eyes to ground reality and disturb the happy family life of the appellant and the prosecutrix”. Validating the custom in Tamilnadu of the marriage of a girl with the maternal uncle, SC further held the marriage valid.

What does the law say?

Section 5 (j) (ii) read with section 6 of the POCSO act provides that whoever commits penetrative sexual assault on a child which in the case of a female child, makes the child pregnant as a consequence of the assault shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but may extend to imprisonment for life.

Read More: Gehlot government legalizes child marriage in Rajasthan?

Further section 5 (iii) of the Hindu marriage act, 1955 provides that a marriage may be solemnized between any two Hindus if the bridegroom has completed the age of 21 years and the bride, the age of 18 years at the time of the marriage.

Although the accused broke the stringent statutory law made for the safety of children. But, the court interpreted the law taking into account the present status of the family and viewed that “this court cannot shut its eyes to the ground reality and disturb the happy family life” and made clear that “the conviction & sentence of the appellant is set aside in the peculiar facts of the case and shall not be treated as a precedent”.

The court further stated that “in case, the appellant does not take proper care of the prosecutrix, she or the state on behalf of the prosecutrix can move this Court for modification of this order”.

Tags: AppellantchildcourtmarriageMinorpocsoSCSectionSupreme
ShareTweetSend
Previous Post

Mass resignation by Kashmiri Pandits shows that just abrogating Article 370 is not enough

Next Post

Rahul Gandhi tried to gherao BJP, gets lambasted by Rijiju

Rahul Gupta

Rahul Gupta

Columnist, TFIPost. Writes about Law, Politics and Society

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms of use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

  • Most Read
  • Comments
  • Latest
Xi Jinping, coronavirus, Shinzo Abe, china, Japan, coornavirus, COVID-19, Wuhan Virus

‘Pack up and get out of there,’ Japan to spend $2.2 billion to get Japanese companies to exit China

9 April 2020
ajay devgn karan johar

The man who bullied the Bully – How Ajay Devgn made Karan Johar’s monopoly a joke and forced him to apologize

22 June 2020
Huawei, China, Trump, USA, Xi Jinping

‘Our survival is at stake now,’ Chinese Telecom giant Huawei crumbles after US ban on Semiconductor exports

19 May 2020
T-Series Sonu Nigam Divya Khosla Kumar Bhushan Kumar

T-Series forced to take down Atif Aslam’s video, Divya Khosla trolled. T-Series has a bad day in office

25 June 2020
Meat Ban

A Jain responds to Meat Ban in Mumbai

Public Sector Bank, Government, Bill

Dear bank employees, continue your stride but PSBs will be privatized

anti-Hindi

Anti-Hindi Forever?- In search of a National Language!

Dear Liberals – your Beef Parties are not protests, they just intend to displease the Majority

Dear Liberals – your Beef Parties are not protests, they just intend to displease the Majority

“Conversion is our fundamental right,” A Catholic body will challenge Anti Conversion Law

“Conversion is our fundamental right,” A Catholic body will challenge Anti Conversion Law

27 May 2022
Indian Army’s “Tour of Duty” explained to the last details

Indian Army’s “Tour of Duty” explained to the last details

27 May 2022
Azim Premji University just suspended a “Brahmin guy” on bogus charges of “Islamophobia”

Azim Premji University just suspended a “Brahmin guy” on bogus charges of “Islamophobia”

27 May 2022
India Inflation chart

After capping sugar and wheat, India is all set to halt rice exports as well

27 May 2022

Popular This Week

Kerala crisis
Trending

Kerala government goes bankrupt

by TFIPOST News Desk
14 May 2022
Pakistan bankruptcy
Trending

Pakistan can declare bankruptcy any moment now

by Rahul Gupta
25 May 2022
Formation of IIA will put an end to CA monopoly in India
Economy

Formation of IIA will put an end to CA monopoly in India

by Piyush Gupta
31 March 2022
Kedarnath pilgrimage
Trending

Kedarnath is not some picnic spot, it’s a pilgrimage site and it should stay that way

by TFIPOST News Desk
23 May 2022
Say no to TrueCaller, TRAI is coming up with its own KYC enabled service
Trending

Say no to TrueCaller, TRAI is coming up with its own KYC enabled service

by Paurush Gupta
22 May 2022

©2022 TFI Media Private Limited

  • Terms of use
  • Privacy Policy
  • Sitemap
No Result
View All Result
  • Politics
    • Analysis
    • Opinions
    • Trending
  • Economy
    • Business
    • Finance
  • Defense
    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • Culture
    • History
    • Indology
  • Lounge
    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
TFI Official Merchandise
TFI हिन्दी
TFI Global
  • About us
  • Careers
  • Brand Partnerships

©2022 TFI Media Private Limited

Follow us on Twitter

and never miss an insightful take by the TFIPOST team

Follow @tfipost