The Madras High Court has observed that although a romantic or consensual relationship with a minor cannot serve as a defence under the Protection of Children from Sexual Offences (POCSO) Act, the impact of hormonal and emotional changes during adolescence may be a relevant mitigating factor while determining the appropriate sentence in such cases.
The Division Bench of Justice N Anand Venkatesh and Justice KK Ramakrishnan made these observations while partly allowing an appeal filed by a 19-year-old man, who challenged his conviction and sentence imposed by a trial court. The High Court upheld his conviction under the POCSO Act but reduced the punishment from imprisonment for the remainder of his natural life to 10 years of rigorous imprisonment.
The case arose from a relationship between the accused and a minor girl belonging to a Scheduled Caste community. According to the prosecution, the two had known each other since their school days. The victim was studying in Class XI when the accused expressed his love for her and subsequently established a physical relationship after allegedly assuring her that he would marry her.
The prosecution alleged that the repeated sexual relationship resulted in the girl’s pregnancy. It was further claimed that when she sought marriage after becoming pregnant, the accused refused, denied responsibility for the pregnancy, referred to her caste background and allegedly told her to end her life. The following day, the girl allegedly consumed rat poison and was admitted to a government hospital, where she later delivered a child. A criminal case was subsequently registered on the basis of a complaint lodged by her mother.
The trial court convicted the accused under the POCSO Act, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and provisions relating to abetment of suicide. The accused challenged the conviction before the High Court, contending that the relationship was consensual and that there was no element of coercion, threat or force. It was argued that the POCSO Act was not intended to criminalise adolescent relationships entered into with mutual understanding.
Rejecting this contention, the High Court reiterated that a child below the age of 18 years is legally incapable of giving valid consent. The Bench held that even where a romantic relationship exists and the minor willingly participates, the provisions of the POCSO Act would continue to apply, and the accused would remain criminally liable.
At the same time, the Court considered the surrounding circumstances while examining the question of sentence. The Bench noted the long-standing acquaintance between the parties and observed that the adverse impact of hormonal changes during adolescence could not be ignored. Taking these factors into account, the Court found the sentence of imprisonment for the remainder of the convict’s natural life to be excessively harsh and modified the punishment to 10 years of rigorous imprisonment, along with a fine of Rs 5,000.
The High Court also set aside the conviction under the SC/ST Act. It further quashed the conviction for abetment of suicide under Sections 306 and 107 of the Indian Penal Code, holding that the alleged statement asking the victim to go and die by itself did not constitute instigation as required under law. The Court additionally noted that there was uncertainty regarding whether the victim had consumed poison.
While upholding the POCSO conviction, the Bench relied upon the forensic evidence placed on record. The DNA analysis report conclusively established that the accused was the biological father of the child born to the victim, thereby corroborating the prosecution’s case regarding the sexual relationship.
The Court ultimately held that while consensual adolescent relationships cannot be treated as an exception to the POCSO framework, sentencing courts may consider the factual matrix of each case, including the age of the parties, the nature of the relationship and the circumstances in which the offence occurred, while determining the appropriate punishment.
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