Supreme Court Quashes Conviction For Stalking Due To Marriage Between Convict & Complainant

The Supreme Court recently quashed the conviction of a man for the offence of stalking (Section 354D) and criminal intimidation (Section 506) of the Indian Penal Code after noting that the convict and the complainant married each other during the pendency of the appeal before the Supreme Court.

The appellant was tried for the offences of sexual harassment (Sections 11, 12 of POCSO Act), Section 354D and 506 IPC. On April 9, 2021, the trial court acquitted him for the POCSO Act offences while convicting him for the the other offences.

In June 2023, the High Court sustained the conviction but reduced the sentence as 3 months imprisonment each for the offences under S.354D and 506 IPC. While his appeal was pending before the Supreme Court, he and the victim got married in August 2023.

Taking note of this fact, the Supreme Court observed that the affirmation of the High Court's verdict will have "disastrous consequences" on the parties as their matrimonial life will be put in danger if the appellant is sent to jail.

The bench comprising Justices BR Gavai and Sandeep Mehta observed :

"The offences under Section 354D IPC and Section 506 IPC are personal to the complainant and the accused appellant. The fact that the appellant and the complainant have married each other during the pendency of this appeal gives rise to a reasonable belief that both were involved in some kind of relationship even when the offences alleged were said to have been committed."

Invoking the special powers under Article 142 of the Constitution, the Court quashed the convictions.

Citation : 2024 LiveLaw (SC) 391

Click here to read the judgment