Minor victim’s consent not valid: POCSO court convicts 25-yr-old of rape, kidnapping
Rejecting arguments that the relationship was consensual, the court observed, “Since the victim was below 18 years, consent given by her cannot be considered as consent for sexual intercourse.”
MUMBAI: A Special POCSO (Protection of Children from Sexual Offences Act) court in Mumbai has convicted a city resident, Shubham Ashok Tayde, for kidnapping and repeatedly sexually assaulting a 16-year-old girl, sentencing him to ten years of rigorous imprisonment.
Pronouncing the verdict on Thursday, which was made available on Friday, Special Judge (POCSO) Madhuri M Deshpande said the prosecution had proved that Tayde “kidnapped [the] minor victim girl, aged 16 years, by taking her out of lawful guardianship of her parents without consent and committed repeated penetrative assault upon [her] and made her pregnant.”
According to the prosecution, the victim, a school student, first met Tayde in early 2021 in her locality. Tayde, according to the chargesheet, was 21 at that time. On two occasions, he took her to a railway car shed to rape her. A few months later, when she complained of abdominal pain, doctors at KEM Hospital found she was around 10 weeks pregnant. The pregnancy was terminated, and her mother filed a police complaint.
The court relied on the testimony of the victim and her mother, corroborated by medical and forensic evidence. A DNA report established that the accused and the girl were the biological parents of the foetus. “The version of the victim and complainant is well supported by the medical evidence, forensic evidence and opinion of the Medical Officer,” the judge noted.
{{/usCountry}}The court relied on the testimony of the victim and her mother, corroborated by medical and forensic evidence. A DNA report established that the accused and the girl were the biological parents of the foetus. “The version of the victim and complainant is well supported by the medical evidence, forensic evidence and opinion of the Medical Officer,” the judge noted.
{{/usCountry}}Rejecting arguments that the relationship was consensual, the court observed, “Since the victim was below 18 years, consent given by her cannot be considered as consent for sexual intercourse.” It also invoked the statutory presumption under the POCSO Act, holding that “liberty is given to the accused to take a defence that he had no such mental state, but he has to prove the said fact beyond reasonable doubt,” which the court said Tayde failed to do.
{{/usCountry}}Rejecting arguments that the relationship was consensual, the court observed, “Since the victim was below 18 years, consent given by her cannot be considered as consent for sexual intercourse.” It also invoked the statutory presumption under the POCSO Act, holding that “liberty is given to the accused to take a defence that he had no such mental state, but he has to prove the said fact beyond reasonable doubt,” which the court said Tayde failed to do.
{{/usCountry}}The judge further remarked on the broader impact of such crimes, stating, “Such heinous acts by the accused have cast a lifelong psychological and emotional impact on the victim. There is a very adverse impact of the incident on the victim, on her family members, and even on the society.”
Tayde was convicted under Section 6 (aggravated penetrative sexual assault) of the POCSO Act, Section 376(2)(n) (commits rape repeatedly on the same woman) IPC and Section 363 (kidnapping) under IPC. The court sentenced him to 10 years’ rigorous imprisonment and directed him to pay a fine of ₹5,000 under the POCSO Act. He was also sentenced to three years of imprisonment and directed to pay a ₹2,000 fine under Section 363, with the sentences to run concurrently. He, however, was acquitted of the charge of criminal intimidation under Section 506 of the IPC.
The court directed that Tayde, who was on bail, be taken into custody immediately and informed him of his right to appeal.
