Calcutta HC upholds life term, rules consent immaterial in sexual offences against minors
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Kolkata: The Calcutta High Court has observed that a physical relationship with a minor, even if consensual, cannot be treated as an excusable offence.
A division bench comprising Justice Rajasekhar Mantha and Justice Ajay Kumar Gupta made the observation while upholding a lower court’s order sentencing an accused man to life imprisonment. The verdict, pronounced on Wednesday, dismissed an appeal by the convict who had challenged his sentence under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act.
The case dates back to 2014 when the accused began a relationship with the victim, with physical intimacy commencing in November 2016 when the girl was only 14 years old. According to the prosecution, the accused continued the relationship under the promise of marriage, despite the minor initially having reservations. The matter eventually came to light after the victim became pregnant in 2017, and the accused and his family subsequently refused to accept responsibility for her and the unborn child, leading to an FIR being filed at Narkeldanga police station.
Dismissing the defence’s arguments regarding the delay in filing the FIR, the bench accepted that the victim had remained silent due to her belief in the promise of marriage. The court also rejected claims questioning the victim's age, noting that a valid birth certificate had been produced and remained uncontested during the trial. The judges emphasised that scientific evidence, including DNA reports, conclusively proved the accused’s paternity, adding that under Supreme Court precedents, a minor’s credible statement stands as sufficient evidence.
While upholding the life sentence, the court ordered the accused to pay Rs 2 lakh in compensation to the victim, with an additional Rs 1.80 lakh to be disbursed by the State Legal Service Authority within 15 days. The convict, if currently out on bail, has been directed to surrender immediately to serve his sentence.
(Inputs from IANS)