Minor’s consent unacceptable in eyes of law: HC

Nagpur bench of the Bombay high court (HC) has ruled that the consent of a minor for sexual intercourse is unacceptable under the law and rejected the bail application of a rape accused

NAGPUR The Nagpur bench of the Bombay high court (HC) has ruled that the consent of a minor for sexual intercourse is unacceptable under the law and rejected the bail application of a rape accused.

The HC bench said that the consent obtained by giving threat or even a simple consent by a minor holds no value in the eyes of law (HT File)

A high court division bench comprising of justice Vinay Deshpande and justice Anuja Prabhudessai cited the survivor’s school leaving certificate, which showed that she was a minor and a child – within the meaning of clause (d) of Section 2(1) of the Pocso Act.

The counsel of the accused contented that the survivor and the accused had an affair and it subsequently led to a consensual sexual relationship. But the bench said that the consent obtained by giving threat or even a simple consent by a minor holds no value in the eyes of law.

Therefore, the petitioner’s counsel cannot press the aspect of consent.

It was said that one Peer Mohammad Ghotu Mohamed Ismail (23) had an affair with a minor from Buldhana in west Vidarbha region of Maharashtra. The girl had eloped with him on June 14 last year and stayed at his residence at Kaushambi in UP for nearly one and a half months. After a few days, Ismail returned to Buldhana and was arrested by the police on August 1, after the girl accused him of kidnapping and sexually exploiting her for 45 days.

The court observed that the girl’s statement also showed that the accused had threatened to kill her younger brother of about three and half years, which was precisely the reason for her to accompany him. The girl’s statement coupled with medical opinion, prima facie, supported the rape charge, the bench said and rejected the bail application.