Home / Crime and Justice / Calcutta HC: Teen's 'Love Affair' Not Valid Consent
Calcutta HC: Teen's 'Love Affair' Not Valid Consent
12 Dec
Summary
- Minor's consent deemed invalid by Calcutta High Court.
- Life sentence upheld for man in relationship with 14-year-old.
- Victim awarded 90% of Rs 2 lakh fine as compensation.
Calcutta High Court reinforced a life sentence conviction under the Pocso Act, emphasizing that a minor's consent in sexual relationships is invalid. The court ruled that children may not fully grasp the ramifications of sexual activity, rendering their consent legally unenforceable. This ruling came as the court dismissed an appeal by a 23-year-old man convicted for a relationship with a 14-year-old girl.
The Sealdah court had initially sentenced the man to life imprisonment and a Rs 2 lakh fine in 2018. The appellant claimed a consensual love affair, but the bench highlighted the victim's young age and her belief of marriage. The relationship began when the girl was 12, with sexual relations starting in November 2016 when she was 14.
Following the girl's pregnancy disclosure and the man's refusal to marry, her parents filed a complaint in February 2017. The High Court deemed the delay in filing the complaint irrelevant due to the nature of the offense, awarding 90% of the fine to the survivor for compensation.
