Is a consensual physical relationship with a minor girl an excusable offence? Calcutta HC's verdict

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Is a consensual physical relationship with a minor girl an excusable offence? Calcutta HC's verdict

Synopsis

In a significant ruling, the Calcutta High Court has declared that a consensual physical relationship with a minor girl is not an excusable offence, upholding a life sentence for the accused. This decision highlights the legal system's stance on protecting minors and the seriousness of such crimes.

Key Takeaways

  • Calcutta High Court affirms that consensual relationships with minors are not excusable.
  • The accused has been sentenced to life imprisonment.
  • Victim's age was validated through a birth certificate.
  • Compensation has been ordered for the victim.
  • The case underscores the importance of protecting minors.

Kolkata, Dec 11 (NationPress) A division bench of the Calcutta High Court has stated that even a consensual physical relationship with a minor girl cannot be considered an excusable offence. The bench, comprised of Justice Rajasekhar Mantha and Justice Ajay Kumar Gupta, made this declaration while delivering a judgment in a case where they upheld a previous ruling from a lower court that sentenced the accused to life imprisonment.

The ruling from the Calcutta High Court's division bench, which affirmed the lower court's decision, was announced on Wednesday, with the official order made available to the public on Thursday morning.

The case was initially tried in a lower court, where the accused faced charges under Section 64 of Bharatiya Nyaya Sanhita and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act. The accused was given a life sentence, which he later contested in the High Court.

It was revealed that the accused had been involved in a romantic relationship with a minor in 2014, and by November 2016, had engaged in physical relations with her, despite her being only 14 years old at the time. The relationship continued under the guise of a promise of marriage, even as the minor expressed hesitance about their intimacy.

The situation escalated when the victim became pregnant in 2017. Both the accused and his family denied any responsibility for the minor and her unborn child, leading to an FIR being lodged against him at the Narkeldanga police station in north Kolkata.

The court noted that it could not dismiss the possibility that the accused was the father of the victim's child. Various scientific evidences, including the victim's testimony and DNA analysis, confirmed that the accused had maintained physical relations with the victim on several occasions.

Citing a Supreme Court ruling, the bench emphasized that if the minor's statement is deemed credible, additional evidence is unnecessary in such cases. The defense attorney argued that the victim's age was not definitively established, but the court pointed out that a birth certificate was presented to verify her age, and the accused did not contest her age during the trial.

Regarding the delayed filing of the FIR, the court stated the minor had placed trust in the promise of marriage and only informed her parents upon discovering her pregnancy.

After considering arguments from both parties, the High Court upheld the lower court's verdict. Furthermore, the Calcutta High Court directed the State Legal Service Authority to disburse Rs 1,80,000 within 15 days, while the accused was mandated to pay an additional Rs 2 lakh as compensation to the victim. Should the accused be on bail, he is required to surrender immediately and serve his life sentence.

Point of View

This ruling by the Calcutta High Court is a crucial reinforcement of legal protections for minors. It emphasizes the judiciary's commitment to holding individuals accountable for crimes against vulnerable populations. The decision also reflects societal values that reject the normalization of relationships with minors, aligning with efforts to safeguard the rights and well-being of children across the nation.
NationPress
11/12/2025

Frequently Asked Questions

What was the Calcutta High Court's ruling regarding consensual relationships with minors?
The court ruled that even consensual physical relationships with minor girls are not excusable offences.
What sentence did the accused receive?
The accused was sentenced to life imprisonment for his actions.
How did the court validate the victim's age?
The court accepted a birth certificate as evidence to confirm the victim's age.
What compensation was ordered for the victim?
The accused was ordered to pay Rs 2 lakh as compensation to the victim, and the State Legal Service Authority was instructed to pay Rs 1,80,000.
What evidence supported the victim's claims?
The court relied on multiple forms of evidence, including DNA reports and the victim's statements.
Nation Press