High Court Ruling Upholds Life Sentence for Sexual Assault of Minor
Shimla, June 24 — The Himachal Pradesh High Court, in a recent judgment, upheld the life imprisonment of an accused convicted of repeatedly raping a minor under Section 6 of the POCSO Act and Section 506 of the IPC.
However, the court set aside the trial court's additional conviction under Section 376 of the IPC, noting that the accused should only be punished under the provision with the greater sentence.
Consent and Misrepresentation: The court reiterated that children under 13 cannot legally give consent to sexual activities, invalidating any claims of misrepresentation of age by the minor.
The court emphasized that the offense warranted the label “rape” despite the minor's willingness or the accused’s mistaken belief about her age.
2. Protection from Premature Sexual Activity
The judgment highlighted the dangers of premature sexual activity, including significant long-term physical and psychological harm.
The court stressed the importance of protecting minors, especially those under 13, from penetrative sex, regardless of their perceived consent or the age of the perpetrator.
3. **Testimony and DNA Evidence*: Despite Reena Devi (PW5), a key witness, not supporting the prosecution, the victim’s testimony was found credible and was corroborated by DNA evidence proving the accused fathered her child.
This evidence led to the trial court’s conviction.
4. Threats to the Victim: The accused had threatened the victim's life, preventing her from disclosing the assault to anyone. This justified the additional two-year sentence under Section 506 of the IPC, upheld by the High Court.
The High Court, consisting of Justices Vivek Singh Thakur and Justice Rakesh Kainthla confirmed the life sentence under Section 6 of the POCSO Act and the two-year sentence under Section 506 of the IPC, dismissing the conviction under Section 376 of the IPC as redundant.
The High Court's ruling reinforces stringent protections against sexual exploitation of minors and clarifies the applicability of overlapping legal provisions.
