Kerala High Court rejects ‘consent’ plea in minor girl POCSO case, upholds sentence

Minor girl news: The Kerala High Court has upheld the conviction and sentence awarded to a Malappuram man in a case involving sexual offences against a minor girl, holding that the prosecution had successfully established both the age of the victim and the commission of the offences beyond a reasonable doubt.

Justice A Badharudeen was hearing a criminal appeal filed against the verdict of the special court under the Protection of Children from Sexual Offences (POCSO) Act challenging the conviction and sentence imposed by the trial court in June 2023.

“Penetrative sexual assault at the instance of the appellant/accused against a minor victim (aged below 18 years), consequential pregnancy by the victim and delivery of a child are proved by the prosecution beyond reasonable doubts. Since the victim is a minor (girl), the question of consent in the sexual intercourse cannot be considered,” the court said June 4.

Justice A Badharudeen held that the challenge to the survivor’s age was without merit and could not undermine the prosecution’s case. (File image)

Challenge focused on proof of age

The appeal primarily questioned whether the prosecution had adequately proved that the survivor was below 18 years of age at the relevant time.

The appellant argued that the documentary evidence relied upon by the prosecution was insufficient and contended that the conviction under the POCSO Act could not be sustained.

The state opposed the appeal, pointing to school records, testimony from witnesses, and other documentary evidence showing that she was a minor girl when the offences occurred.

Court relies on school records, witness testimony

After examining the evidence, the high court found that the victim’s date of birth had been established through school records, including her SSLC (Secondary School Leaving Certificate) certificate and school admission records, supported by witness testimony.

An SSLC is the official certification awarded upon the successful completion of the Class 10 board examination in India. It serves proof of age, secondary education, and is a vital document for college admissions, passport applications, and employment.

Referring to earlier decisions of the Supreme Court and the Kerala High Court, Justice Badharudeen noted that matriculation and school records constitute reliable evidence for determining age in such cases.

The court held that the challenge to the survivor’s age was without merit and could not undermine the prosecution’s case.

Story continues below this ad

Evidence supported prosecution case

The judgment records that the trial court had relied on the testimony of the minor girl, corroborative witness statements, medical evidence, and forensic materials while finding the accused guilty.

The high court observed that the evidence had been properly appreciated by the trial court and that there was no reason to interfere with its findings in this case of a minor girl.

The court also noted that scientific evidence collected during the investigation supported the prosecution’s case.

Consent argument rejected

Addressing the argument that the relationship was consensual, the high court reiterated that under the POCSO Act, the consent of a child has no legal significance.

Story continues below this ad

The court observed that once the survivor is found to be below 18 years of minor girl, the question of consent does not arise in law.

Sentence upheld

The appellant had been convicted under provisions of the POCSO Act, the Indian Penal Code and the Juvenile Justice Act.

The trial court had imposed a sentence of rigorous imprisonment along with fines.

Finding the punishment proportionate to the nature and gravity of the offences, the high court declined to modify the sentence.

Dismissing the appeal, the court confirmed both the conviction and the sentence imposed by the special court.

“The learned Special Judge rightly held that the accused committed the said offences, and the conviction is liable to be confirmed,” the court said.

With this, the high court brought the appellate proceedings to a close, reaffirming that the protection afforded to children under the POCSO Act cannot be diluted by claims of consent where the victim is a minor.

Why court jailed man ‘till last breath’ for minor girl’s rape

Ruling that child rape is “atrocious”, a Delhi POCSO court has sentenced a 38-year-old man to life imprisonment till the remainder of his natural life for repeatedly sexually assaulting a minor girl, holding that the abuse not only robbed the child of her childhood but also led to a pregnancy that forced her into motherhood while she was still a teenager.

The order was passed by Additional Sessions Judge (FTSC-POCSO) Babita Puniya of the West District, Tis Hazari Courts, on May 30 while hearing the sentencing proceedings in the matter.

The court had convicted the man on May 29 under provisions of the Protection of Children from Sexual Offences (POCSO) Act and the Bharatiya Nyaya Sanhita (BNS).

Story continues below this ad

“Child Rape (sic) is atrocious. Children are the most precious asset of any society. It is the duty of society not only to protect them from sexual violence and predation but also provide them with a safe environment where they can flourish,” the court said on May 30 imposing the sentence and awarding the compensation of Rs 18.5 lakh.