Court Affirms Sentence for Aggravated Sexual Assault on Minor, Emphasizes Immateriality of Minor's Consent
In a significant ruling, the Uttarakhand High Court has upheld the conviction and sentencing of Sagar Ray for offenses under the Protection of Children from Sexual Offences (POCSO) Act, 2012, and the Indian Penal Code (IPC). The judgment, delivered by Justice Ashish Naithani, affirmed the decision of the Juvenile Justice Court/FTC/Additional Sessions Judge/Special Judge, POCSO, Rudrapur, District Udham Singh Nagar.
Sagar Ray was found guilty of enticing a minor away from her lawful guardianship and subjecting her to aggravated penetrative sexual assault. The court sentenced him to rigorous imprisonment for 10 years under Section 6 of the POCSO Act, along with a fine of Rs. 5,000. Additionally, Ray received a three-year sentence under Sections 363 and 367 of the IPC, with all sentences to run concurrently.
The High Court dismissed the appeal filed by Sagar Ray, who challenged the trial court’s reliance on school records to determine the victim's age, arguing that the prosecution failed to substantiate the victim's minority. However, Justice Naithani emphasized that school records, once exhibited and unchallenged during trial, carry presumptive correctness in determining age. The defense's inability to refute these records led to the court's affirmation of the victim's minority status.
The court further clarified that the consent of a minor is legally inconsequential under the POCSO Act, rendering arguments about voluntary companionship irrelevant. The judgment underscored that the core of the prosecution's case remained intact, with the victim's testimony deemed credible despite minor inconsistencies.
Addressing the defense's contention regarding the lack of medical evidence of assault, the court noted that medical corroboration is not determinative in sexual assault cases. The absence of injuries does not negate the victim's reliable testimony, particularly when corroborated by other evidence.
The judgment reiterated the applicability of Sections 363 and 367 of the IPC, affirming that the act of taking a minor from lawful guardianship constitutes kidnapping, and the subsequent sexual assault falls within the ambit of these provisions.
This ruling reinforces the legal principle that in cases involving minors, the consent or perceived willingness of the victim holds no legal weight. The judgment serves as a reminder of the stringent protections provided to minors under the POCSO Act, ensuring that perpetrators of such heinous crimes are held accountable.
Bottom Line:
Protection of Children from Sexual Offences Act, 2012 - Consent of a minor is immaterial under the provisions of POCSO Act; school records relied upon for determining minority are valid if exhibited and unchallenged during trial.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 Section 6, Indian Penal Code, 1860 Sections 363 and 367, Evidence Act, 1872, Criminal Procedure Code, 1973 Section 313
Sagar Ray v. State of Uttarakhand, (Uttarakhand) : Law Finder Doc id # 2887908
