SC annuls rape conviction citing marriage

From conviction for rape to exoneration under the Constitution’s broadest equity powers — the Supreme Court has wiped out a ten-year jail term of a man after recording that he had since married the woman and that the couple was happily living together, but made it clear that the acquittal would survive only so long as he does not abandon her.

- Utkarsh Anand

The bench, comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi, noted that the relief was exceptional and conditional, while cautioning that any attempt by the man to desert his wife would revive the conviction.

“In light of the subsequent events that the appellant and respondent No.2 got married, we deem it appropriate to invoke our powers under Article 142 of the Constitution... The appellant shall stand acquitted for all intents and purposes, however, subject to the condition that he will continue to maintain a cordial relationship and will not desert respondent No.2 - his wife,” stated the bench in its recent order.