Supreme Court Overturns Stalking and Intimidation Conviction as Parties Marry During Appeal Process

Supreme Court Overturns Stalking and Intimidation Conviction as Parties Marry During Appeal Process

The Supreme Court overturned the conviction of a man for stalking (under Section 354D) and criminal intimidation (under Section 506) of the Indian Penal Code. This decision came after the court observed that the convict and the complainant had gotten married while their appeal was pending before the Supreme Court.

The appellant faced charges for sexual harassment (under Sections 11 and 12 of the POCSO Act), as well as under Section 354D and Section 506 of the IPC. On April 9, 2021, the trial court acquitted him of the charges under the POCSO Act, but convicted him for the other offences.

In June 2023, the High Court upheld the conviction but decreased the sentence to three months' imprisonment each for the offences under Section 354D and Section 506 of the IPC. Meanwhile, during the pendency of his appeal before the Supreme Court, the appellant and the victim entered into matrimony in August 2023.

Acknowledging this development, the Supreme Court noted that affirming the High Court's decision would pose "disastrous consequences" for the parties, as the appellant's imprisonment could jeopardize their marital harmony.

"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.

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