Court holds survivor’s minority proved through birth certificate, live birth register and school records; says consent of a minor is irrelevant under POCSO
The Sikkim High Court has upheld the conviction and minimum sentence of 20 years’ rigorous imprisonment awarded to a man convicted under the Protection of Children from Sexual Offences Act, 2012 (POCSO), after finding that the prosecution had conclusively proved that the survivor was a minor at the time of the offence.
A Division Bench comprising Chief Justice A. Muhamed Mustaque and Justice Bhaskar Raj Pradhan dismissed the criminal appeal filed by Bishnu Chettri alias Aditya, observing that the evidence clearly established that the survivor was born on 1 May 2007 and was therefore a “child” within the meaning of the POCSO Act when the relationship began.
According to the court, the prosecution relied on multiple pieces of evidence to prove age, including the original birth certificate, the Live Birth Register maintained by the hospital, and the School Admission Register. The survivor’s sister and the survivor herself also confirmed the date of birth during their depositions. The Bench held that the birth certificate, being a public document issued under the Registration of Births and Deaths Act, 1969, carried a presumption of correctness. The Live Birth Register too was treated as a statutory record with evidentiary value under the Indian Evidence Act, 1872.
The court rejected the defence argument that the survivor’s parents had not been examined and that the prosecution had failed to prove who had informed the registering authority of the birth. It noted that the defence had not produced any evidence to rebut the statutory presumption attached to the records.
On the facts, the survivor had testified that she met the accused in 2021, developed a romantic relationship with him, eloped in 2022, and lived with him. She admitted that the relationship was consensual and that the accused had applied “sindoor potey” as a symbol of marriage. The court noted that a child’s consent has no legal relevance under POCSO. Even if the relationship appeared to be a “Romeo-Juliet” type case, the law mandates punishment where the victim is a minor.
The Bench also noted that the relationship resulted in the birth of a child, and that forensic evidence established the accused as the biological father of the newborn.
The trial court had convicted the accused under Sections 5(j)(ii) and 5(l) of the POCSO Act, punishable under Section 6, and sentenced him to the statutory minimum of 20 years’ rigorous imprisonment along with a fine of Rs. 2,000. The High Court found no reason to interfere with the sentence, holding that Section 6 prescribes a minimum punishment that cannot be reduced by the High Court.
Bottom Line :
POCSO - Proof of age of survivor - Birth certificate, Live Birth Register and School Admission Register consistently recording date of birth can validly establish minority of survivor - Entries in statutory birth records carry presumption of correctness - Even if relationship was consensual and in nature of a "Romeo-Juliet" case, consent of a minor is immaterial under POCSO and minimum sentence under Section 6 cannot be interfered with.
While expressing concern that the case involved an adolescent consens
Bishnu Chettri Alias Aditya v. State of Sikkim, (Sikkim)(DB) : Law Finder Doc id # 2987223
