The Calcutta High Court recently upheld a man’s conviction for aggravated penetrative sexual assault under the POCSO Act, reiterating that a minor is legally incapable of consenting to sexual relations as they cannot comprehend the consequences.
This ruling concerned a 23-year-old accused who allegedly engaged in a sexual relationship with a girl who was only 12 years old when the relationship began, as per bar and bench.
The Court dismissed the accused’s argument regarding a delayed complaint, firmly stating the victim’s psychological state and hope for marriage reasonably accounted for the late filing, thus confirming the life imprisonment sentence.
Psychological State Explains Complaint Delay
The relationship allegedly began when the victim was 12, culminating in her pregnancy at age 15, after which the accused and his family refused to accept responsibility, prompting a police complaint in 2017. The accused challenged the conviction, questioning the delay of over two years in filing the complaint.
The Division Bench, however, rejected this defence. The judges emphasized that the victim’s hope that the relationship would be “regularised” by marriage, coupled with her vulnerable psychological state as a child, reasonably explained the delay.
The Court ruled that since the victim was a minor, the delay was “inconsequential in view of the clear evidence of aggravated penetrative sexual assault.”
Judicial Clarity on POCSO and Consent
In upholding the trial court’s conviction and life imprisonment sentence, the Calcutta High Court provided an unambiguous interpretation of the law. The Court stated: “A minor would not know the consequences of sexual relation and is incapable of giving consent for the same.”
The ruling stressed that because the victim was below the statutory age of consent (18), her emotional attachment or belief in the “love affair” did not grant her the capacity to consent, making the accused’s acts criminal. The Court also rejected the defence’s attempts to discredit the DNA report and the victim’s testimony, securing the conviction under the POCSO Act.
The Logical Indian’s Perspective
This ruling by the Calcutta High Court is a vital affirmation of the POCSO Act’s core intent: protecting children from sexual exploitation, irrespective of circumstances like pregnancy or perceived consent.
We at The Logical Indian believe the court’s rejection of the “delay in filing” argument is particularly commendable. It demonstrates empathy for survivors who face immense social pressure, fear, and psychological barriers, often preventing them from reporting abuse immediately.
