[POCSO case] Do not want to disturb their happy family life: Supreme Court acquits man who married rape survivor

The Supreme Court on Monday acquitted a man of rape and charges under the Protection Of Children from Sexual Offences Act (POCSO Act) after taking note of the fact that the convict had married the minor victim and fathered two children with her [K Dhandapani vs The State By The Inspector of Police].A division bench of Justices L Nageswara Rao and Bhushan Gavai noted that after the offence was registered against K Dhandapani for allegedly raping his minor niece, he had married her and now have two children.The bench said that the Court cannot shut its eyes to ground reality and disturb the married life of the accused and the complainant-survivor. "In the peculiar facts and circumstances of this case, we are of the considered view that the conviction and sentence of the appellant who is maternal uncle of the prosecutrix deserves to be set aside in view of the subsequent events that have been brought to the notice of this Court. This Court cannot shut its eyes to the ground reality and disturb the happy family life of the appellant and the prosecutrix," the Court stated. The bench further noted that there is a custom in Tamil Nadu, where the girl is married to the maternal uncle..The Court was hearing a criminal appeal filed by K Dhandapani, challenging orders of the Madras High Court, which had confirmed his conviction under charges of rape and POCSO Act.According to the prosecution case, Dhandapani had allegedly raped the minor victim on the promise of marriage. She gave birth to the first child when she was merely 14 years old while the second child was born a year later.The appellant highlighted the fact that he has married the victim and that they are now leading a happy life. The Court, in order to verify the contention, had ordered the trial court to record the survivor's statement and her present status.Subsequently, the same was placed on record. "The statement of the prosecutrix has been placed on record in which she has 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," the bench noted.The prosecution vehemently opposed the plea filed by Dhandapani and argued that the marriage between the appellant and the prosecutrix is not legal, since she was minor. It expressed the apprehension that the said marriage might be only for the purpose of escaping punishment and there is no guarantee that the appellant will take care of the prosecutrix and the children after the Supreme Court grants relief to him.The Court, however, rejected that argument and set aside the conviction, while making it clear that this order shouldn't be treated as a precedent."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," the Court added. .Advocates MP Parthiban, AS Vairawan, R.Sudhakaran, Shalini Mishra and Vikash GR appeared for the appellant. .[Read Judgment]