The High Court stated that the person was convicted under the POCSO Act was not considered to be the accused until his last breathe and not to be burdened with that identity in his lifetime.
- The accused was convicted in the POCSO case in the trial court.
- The State seeking a grant of leave to the appeal against the order of the trial court.
- At the time of offence, the Victim has attained the age of more than 17-years.
- Later, she married the accused and started to live with him and gave birth to a girl child.
The Court observed the martial life of the victim with the acquitted person and found that they lead a happy life with their children.
The High Court dismissed the application filed by the state for seeking leave to appeal against the judgement of the trial court.
Justice Tarlok Singh Chauhan and Justice Sushil Kukreja held that the right to be forgotten and right to left alone included in the right to privacy, is an inherent aspect of the personl liberty and remarked that the court cannot shut its eyes to the ground reality and disturb the happy life of the parties.
Further, the court directed that the accused and the victim’s name should be removed from the digital database of the records of the POCSO case.
CASE NAME: State of Himachal Pradesh V. XYZ
NAME: Viswa ganesh K, BALLB (Hons.), School of Excellence in Law, Dr. Ambedkar Law University, INTERN UNDER LEGAL VIDHIYA.
Disclaimer: The materials provided herein are intended solely for informational purposes. Accessing or using the site or the materials does not establish an attorney-client relationship. The information presented on this site is not to be construed as legal or professional advice, and it should not be relied upon for such purposes or used as a substitute for advice from a licensed attorney in your state. Additionally, the viewpoint presented by the author is of a personal nature
