Court: Physical relations with minors fall under “rape definition”, consent of the victim irrelevant

New Delhi (PTI): A court here has convicted a man for raping a 14-year-old girl in January 2015. It said that if physical relations take place with a minor, it is an offence of rape and her consent is irrelevant.

Additional Sessions Judge Amit Sahrawat 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 Special Public Prosecutor Vineet Dahiya.

The court referred to the girl’s “consistent” and “credible” statements that she became pregnant and later gave birth to a child because she voluntarily had sexual intercourse with the defendant.

The court rejected the defense’s argument that the girl was a minor at the time of the incident, stating that the evidence available indicated that she was approximately 14 years old.

“The defense has already acknowledged the prosecution’s arguments regarding physical contact. Therefore, if physical contact occurs with an underage girl, it clearly falls within the definition of rape and sexual assault with penetration and the consent of the victim is irrelevant,” the court said.

The court stated that according to the DNA profile, the defendant was 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.

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