Court acquits appellant of SC/ST Act and abetment of suicide charges, reaffirms protection for minors under POCSO Act.
In a significant ruling, the Madras High Court has modified the sentence of Arumugam, who was convicted under the Protection of Children from Sexual Offences (POCSO) Act, 2012. The court reduced the sentence from life imprisonment to ten years of rigorous imprisonment, alongside a fine, while upholding the conviction for sexual offences against a minor. The appellant, Arumugam, was acquitted of charges under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, and abetment of suicide under the Indian Penal Code (IPC).
The bench, comprising Justices N. Anand Venkatesh and K.K. Ramakrishnan, clarified that under the POCSO Act, any sexual act with a minor, even in the context of a consensual romantic relationship, attracts penal consequences. The court reiterated that minors are legally incapable of consent, thus reinforcing the protective framework established by the POCSO Act.
The case arose when Arumugam was accused of engaging in a sexual relationship with a minor girl, resulting in pregnancy and childbirth. Despite claims of a consensual relationship, the court emphasized that the POCSO Act does not recognize consent from minors, thereby upholding the conviction under the Act.
However, the High Court acquitted Arumugam of charges under the SC/ST Act, ruling that the prosecution failed to prove that the offences were committed with caste-based intent. The court also found insufficient evidence to support the charge of abetment of suicide, noting inconsistencies in medical evidence regarding the victim’s alleged consumption of poison.
In modifying the sentence, the court noted that the enhanced punishment provisions introduced by the POCSO Amendment Act of 2019 could not be applied retroactively to offences committed before its enactment, as per Article 20(1) of the Indian Constitution. The judgment reflects a nuanced application of criminal jurisprudence, balancing the gravity of offences against minors with adherence to constitutional protections against ex post facto laws.
Bottom line:-
POCSO Act - Consent of a child below 18 years is legally irrelevant under the POCSO Act. Even in consensual romantic relationships, sexual acts with a minor attract penal consequences under the Act.
Statutory provision(s):
Protection of Children from Sexual Offences Act, 2012 - Sections 5(l), 5(j)(ii), 6; Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3(1)(w)(i), 3(2)(v); Indian Penal Code, 1860 - Section 306 r/w 511; Article 20(1) of the Constitution of India.
