The Supreme Court in K Dhandapani vs State set aside a POSCO conviction after noticing that the accused had married the prosecutrix and had 2 children. The Court was apprised that there is a custom of marrying the girl with her maternal uncle in Tamil Nadu.
The Court observed that “This Court cannot shut its eyes to the ground reality and disturb the happy family life of the appellant and the prosecutrix. We have been informed about the custom in Tamil Nadu of the marriage of a girl with the maternal uncle.”
It rejected the State’s objection that the marriage had been solemnised just to escape the punishment. The State also submitted that the prosecutrix was aged 14 years on the date of the offence and gave birth to the first child when she was 15 years and the second child was born when she was 17 years and the marriage between the accused and the prosecutrix is not legal.
However, the Court was of the opinion that the appeal deserves to be allowed in light of the customary practice and the ongoing happy married life of the prosecutrix and the accused.
It observed that “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. We have been informed about the custom in Tamil Nadu of the marriage of a girl with the maternal uncle.”
The court relied on the prosecutrix statement on her current status, where the prosecutrix stated that she is leading a happy married life. As a precautionary note, court also added that the particular facts of the case shall not be treated as a precedent.