Physical relations, penetrative sex with minor rape offenses, consent of victim irrelevant: Delhi court

The girl’s consistent and credible statements proved physical contact with the defendant.

Consensual sex with minors: A court in Delhi has convicted a man of raping a young girl.

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The case dates back to January 2015, when the accused, now convicted, raped a 14-year-old girl. The court found that physical relations with a minor constitutes an offence of rape and her consent is irrelevant.

The order was announced by Justice Amit Sahrawat, who was hearing a case against the man, who was charged under the penal provisions of rape and Section 6 (aggravated sexual assault by penetration) of the Protection of Children from Sexual Offences (POCSO) Act.

The prosecution was represented by Vineet Dahiya, the Special Public Prosecutor.

Consistent and reliable statements from the girl

The court took note of the girl’s “consistent and credible” statements that she became pregnant as a result of voluntary physical intercourse with the accused and later gave birth to a child.

The court rejected the defense’s argument that the girl was a minor at the time of the incident because, according to the evidence available, she was about 14 years old.

How DNA profiling helped

“The defense has already acknowledged the prosecution’s arguments regarding physical contact. Therefore, if physical contact takes place with a minor girl, it clearly falls under the definition of rape and sexual assault with penetration and the consent of the victim is irrelevant,” the court said, adding that according to the DNA profile, the accused is the biological father of the baby.

“The forensic laboratory report (FSL) supports the prosecution’s argument that the accused had physical intercourse with the victim and that as a result the victim became pregnant and gave birth to a child,” it says.

It said that the prosecution had proved its case beyond a reasonable doubt.

“Accordingly, the defendant is found guilty of rape and aggravated sexual assault with penetration,” the court said.

The arguments regarding the severity of the sentence will be discussed later.

(With PTI inputs)