SC quashes conviction as appellant married victim; unique case circumstances.
Last Updated on February 9, 2025 by NewsDesk SLC
The Supreme Court annulled on Wednesday the judgment of the current appellant accused of charges of rape and kidnapping after the bank noticed that he married the plaintiff and who have four children, the Livellw reported.
After listening to the case, the Bank of Judges B.V Nagarathna and Safe Chandra Sharma observed that article 142 of the Constitution confers the special power to approve the necessary orders to achieve complete justice.
The bank, who took note of the fact that the appellant abused later married the victim and had four children out of his marriage, invoked his power inherent in the present case.
“Taking into account the fact that in this case, the appellant abused has married the second surveyed-party and have four children out of their marriage, we find that the peculiar facts and circumstances of this case would persuade us to exercise our exercise jurisdiction and powers under article 142 of the Constitution of India following the previous opinion of this case in the aforementioned orders. “
Previously, the plaintiff had filed a FIR against three people accused of committing criminal crimes, including violation and kidnapping, the report added.
The case is related to the incidents in 1997 and the Court of First Instance in 1999 condemned to the appellant while acquitting the other two. But in 1999, the Superior Court of Chhattisgarh affirmed this sentence and the defendant presented this current appeal while challenging the HC order in the Supreme Court.
The report added that the appellant married the victim in 2003.
In the Supreme Court, the appellant argued that confirming his conviction would cause greater injustice.
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