Court emphasizes the immateriality of a minor’s consent in sexual offences and mandates legal assistance for minor victims.
In a significant ruling, the Rajasthan High Court, Jaipur Bench, presided over by Justice Anoop Kumar Dhand, has set aside the closure of a rape case involving a minor, asserting that the consent of a minor is legally irrelevant in cases of sexual offences. The case pertained to allegations of rape against the petitioner, a minor, by known individuals, as documented in her FIR and statements under Section 164 of the Criminal Procedure Code.
The case, initially closed by the Trial Court after accepting a negative final report submitted by the police, was challenged on the grounds that the minor's consent to drop the charges was not legally valid. The High Court highlighted that minors lack the legal capacity to evaluate the consequences of their decisions, rendering their consent immaterial in sexual offence cases.
The court criticized the Trial Court's decision to accept the closure report based solely on the minor's 'no objection' and emphasized that the Trial Court should have summoned the minor's parents or guardians instead of the minor herself. The High Court further directed that legal assistance must be provided to minor victims through the District Legal Services Authority to ensure their best interests are represented.
Justice Dhand underscored that rape is a crime against the body and dignity of a woman, and such cases cannot be compromised or settled, referencing the Supreme Court's stance in related judgments. The court remitted the case back to the Special Judge, POCSO Court, Alwar, instructing the judge to pass appropriate orders after summoning the minor's guardians and providing necessary legal support.
The ruling reinforces the judicial obligation to protect minor victims and ensure that their rights are upheld, emphasizing that the closure of proceedings in such sensitive cases requires thorough scrutiny and adherence to the legal framework intended to safeguard minors.
Bottom line:-
Consent of a minor in criminal proceedings is immaterial in the eyes of law, particularly in cases of sexual offences. Courts must ensure that the minor victim is provided with legal assistance, and closure reports should not be accepted based solely on the minor's consent.
Statutory provision(s): Sections 323, 376D IPC, Sections 5/6, 40 of the Protection of Children from Sexual Offences Act, 2012, Section 164 Cr.P.C., Section 482 Cr.P.C.
Victim v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2923690
