CALCUTTA: The Supreme Court on Tuesday set aside the Calcutta High Court’s verdict, which had acquitted a man in a sexual assault case & made “objectionable” observations advising adolescent girls to “control sexual urges”. It has also issued guidelines for the judges as to how to write judgments in cases involving adolescents. “We have set aside the judgement and restored the conviction under section 376 (Rape) of the Indian Penal Code (IPC). We have said in what manner the judgement is to be written. So all observations will go,” the two-judge bench of the top court, led by Justice Abhay S Oka and Justice Ujjal Bhuyan said, in their verdict today.The apex court said that the matter should have been sent to JJB (Juvenile Justice Board) as JJ Act has enough provisions to take care of future of child till age of 21.While restoring the conviction of the man, accused of sexual assault, the top court directed states to implement provisions from 19(6) of POCSO with 30 to 43 of JJ (Juvenile Justice) Act. It also constituted a committee of experts to help child to make an informed choice.Earlier, the two-judge bench of the apex court, led by Justice Oka and Justice Bhuyan, had reserved its verdict on May, after hearing the argument and submissions from all the sides.The Calcutta High Court had in its verdict on October 18, made the observations in a case while acquitting a man, who was earlier convicted by a lower court for raping a minor girl with whom he had a ‘romantic affair’. The Calcutta HC bench had advised young girls and boys to rein in their sexual urges.After this, the Supreme Court had in December 07, last year had taken Suo motu cognizance of the verdict of the Calcutta High Court and decided to hear the case. The top court had said that these observations ae completely in violation of the rights of adolescents under Article 21 of the Constitution and had appointed senior lawyer and former Additional Solicitor General (ASG) Madhavi Divan as Amicus Curiae (Friend of the court) in the case to assist the court.The West Bengal govt, had also moved the SC against this October 18, 2023, verdict of the HC.
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