CONSENT BY MINOR IN WHATSOEVER MANNER HAS NO VALUE IN THE EYES OF LAW

Recently, the Nagpur Bench of Bombay High Court observed that consent of a minor, obtained in whatsoever manner, has no value in the eyes of the law. The bench made the observations while rejecting the bail plea of a person accused of raping a minor girl. 

Peer Mohammad, accused-appellant, was arrested under IPC, POCSO Act, and SC/ST Act for raping a minor girl. The accused approached the HC after the Additional Sessions Judge rejected his bail application. 

Advocate Mir Nagam Ali, appearing for the accused-appellant, argued that further imprisonment of the accused is unnecessary as the investigation has been completed and a charge sheet has been filed. He further submitted that both the parties had a love relationship and that the survivor had willingly eloped with him and spent about 45 days at his residence in Uttar Pradesh. And, hence the sexual relationship between them was consensual.

After examining the charge sheet, a Bench of Justices VM Deshpande and Anuja Prabhudessai deduced that the survivor did not have any affection towards the appellant. It s further clear from the school leaving certificate that the survivor was below 18 years of age. 

Further, taking into account the survivor's and other prosecution witnesses' statements, the Court did not release the accused on bail.

Author: Papiha Ghoshal