Consent of a Minor Deemed Irrelevant; Romeo-Juliet Clause Inapplicable as Victim Moves On
In a significant ruling, the Calcutta High Court's Circuit Bench at Port Blair upheld the conviction and 10-year rigorous imprisonment sentence of Rupesh Beck under the Protection of Children from Sexual Offences (POCSO) Act. The judgment was delivered by Justices Rajarshi Bharadwaj and Reetobroto Kumar Mitra, affirming the decision of the Special Judge under the POCSO Act dated April 15, 2024.
The appellant, Rupesh Beck, was found guilty of committing a penetrative sexual assault on a minor girl, resulting in her pregnancy. The court reiterated that the consent of a minor is immaterial under the POCSO Act, and the presumption of guilt under Section 29 was applicable. The appellant failed to rebut this presumption during the trial.
The case traces back to a relationship that developed between the victim, aged 17 years and 10 months at the time, and the appellant, then 24, which culminated in a physical relationship. The victim became pregnant, and it was this pregnancy that led to the involvement of the police after a medical check-up. The appellant had claimed innocence, arguing that the FIR was initiated by the medical authorities and not by the victim, and that the presumption under Section 29 was not applicable as the victim had turned hostile.
The court meticulously examined the evidence and concluded that the appellant had not provided any substantial evidence to contradict the presumption of guilt. The victim and her mother were not cross-examined by the defense, which further fortified the prosecution’s case. The medical evidence was also deemed straightforward and corroborated the victim's testimony.
A noteworthy aspect of the judgment was the court's dismissal of the applicability of the "Romeo-Juliet Clause," a concept suggested by the Supreme Court for cases involving consensual adolescent relationships. The court held that since the victim had moved on and established a new marital life, applying this clause would disturb her settled life and not serve the cause of justice.
The court emphasized that while the POCSO Act aims to protect minors, it also necessitates a careful balance to prevent misuse in cases of consensual relationships. However, in this instance, the victim's subsequent marriage rendered the clause inapplicable.
The judgment underscores the stringent enforcement of the POCSO Act and the court's commitment to uphold the law while recognizing the complexities of adolescent relationships. The appeal was dismissed, and the appellant will continue to serve his sentence.
Bottom Line :
POCSO Act - Consent of a minor is immaterial in cases of sexual assault. Presumption under Section 29 of the POCSO Act is applicable, and it is the accused's responsibility to rebut the presumption of guilt. "Romeo-Juliet Clause" not applicable when the victim has entered into a new marital relationship, and acquittal of the accused could disturb the victim's present life.
Statutory provision(s):
Protection of Children from Sexual Offences Act, 2012 Sections 5(j)(ii), 5(l), 6; Section 29 of the POCSO Act; Section 313 of the Code of Criminal Procedure, 1973; Section 164 of the Code of Criminal Procedure, 1973.
Rupesh Beck v. State, (Calcutta)(DB)(Circuit Bench At Port Blair) : Law Finder Doc id # 2967724
