Sexual exploitation of minor girls in the name of romantic relationship or love is not tolerated, Calcutta High Court sentenced the accused to life imprisonment.

Kolkata: Calcutta High Court, completely upholding the trial court’s verdict in a very sensitive case, sentenced a 23-year-old youth to life imprisonment and a fine of Rs 2 lakh for repeatedly sexually assaulting a 12-year-old girl. The Division Bench of Justice Rajashekhar Mantha and Justice Ajay Kumar Gupta clearly stated that even if a minor girl believes in the promise of love or marriage, she is completely incapable of understanding the consequences of sexual relations and giving valid consent.

There was continuous exploitation between 2015-17

The matter is of 2015. At that time the victim was only 12 years old and the accused was 23 years old. The accused pretended to have a love affair with the girl and made a false promise of marriage. The accused had physical relations with her several times. The girl told the court that she had really fallen in love with the accused and endured everything in the hope of marriage. But when she became pregnant, the accused turned away. In 2017, when the girl turned 15, her family filed a case under the POCSO Act.

The accused had given these three big arguments

1. The sexual relationship took place two years ago, then why such a delay in filing the complaint?

2. It is only written in the DNA report that being the father cannot be ruled out, that is, there is no clear evidence.

3. The age of the victim was also not proved properly.

The High Court rejected all the arguments one by one

The court replied in detail

On delay: The girl loved the accused and remained silent in the hope of marriage. A complaint was lodged only when the accused cheated after pregnancy. The court said that a minor does not understand the consequences of sexual relations, so delay is natural.

On consent: The law is very clear that a girl under 18 years of age can never give valid consent, no matter how much love she expresses or the promise of marriage.

On DNA report: Cannot be denied does not mean that the accused is innocent. This report supports the statement of the victim and strengthens the link of the entire case.

On age: The birth certificate was on the court record and the defense had not raised any substantial objection at the time.

The court held that the act of the accused falls under the category of Aggravated Penetrative Sexual Assault under Section 5(j)(ii) and 5(l) of POCSO, the punishment for which can range from a minimum of 20 years to life imprisonment. The High Court kept the life imprisonment and fine of Rs 2 lakh imposed by the Sealdah trial court as it was.

Strict instructions to give immediate compensation to the victim: The High Court not only upheld the sentence but also took additional steps in the interest of the victim. The State Legal Services Authority (SLSA) will pay 90% of the fine amount i.e. Rs 1.80 lakh to the victim within 15 days. Apart from this, SLSA will give another Rs 2 lakh separately from its fund. If the accused pays the fine in future, this amount will be returned to SLSA.

In the end, the court said in a strict tone that sexual exploitation of minor girls in the name of romantic relationship or love will not be tolerated under any circumstances. The yes of a minor can never be considered as consent.