[POCSO Act] Sexual abuse of minor girl resulting in marriage or birth of child does not sanctify the offence: Delhi High Court

The Delhi High Court has held that merely because a sexual abuse of a minor girl results in the birth of a child or accused marrying the victim does not sanctify or mitigate the offence [Jagbir v State (NCT of Delhi)]..Justice Anoop Kumar Mendiratta said that even if a minor girl has given her consent for establishing sexual relationship, it cannot be treated as consent in the eyes of law and is, therefore, immaterial and inconsequential.“…sexual exploitation and sexual abuse of children are heinous crimes which need to be effectively addressed. Merely because such sexual abuse results in tying of knot between the victim and the accused in violation of provisions of law or results in birth of a child, it does not mitigate the act of the petitioner (accused) in any manner, since the consent of a minor is immaterial and inconsequential in law,” the Court held..The Court, therefore, denied bail to a 27-year-old man accused under the Protection of Children from Sexual Offences Act (POCSO Act) for sexually exploiting a minor girl though he had, subsequently, married her.It was stated that the man had lured the 15-year-old girl in July 2019. Though her parents registered a complaint with the police and a Habeas Corpus petition was also filed, she could only be traced in October 2021 with an eight-month-old child. Her Urine Pregnancy Test (UPT) further revealed that she was pregnant for a second time.Police alleged that the accused had misled the investigation by suppressing the whereabouts of the victim and kept the entire machinery in dark. .The accused claimed that he had married the girl in a temple and the relationship was consensual and even the alleged victim had not opposed his bail plea..However, Justice Mendiratta held that child marriage is prohibited under the law and sexual intercourse with wife under the age of 18 years regardless of her willingness or consent, is rape.The judge added that the girl's infatuation with the alleged kidnapper cannot be permitted as a valid defence as it would amount to undermining the essence of legislative intent of Section 361 (kidnapping) of the Indian Penal Code (IPC).“Such incidents of luring a minor and entering into physical relationship, accused thereafter claiming consent of the minor, cannot be treated in a routine manner, since rape is not only a crime against the minor victim but is a crime against the entire society which leaves little option for the minor child but to toe the line of the petitioner/accused,” the Court said..Advocates Lokesh Kumar Mishra, Himanshu Sharma and Haider Khan appeared for the petitioner.Additional Public Prosecutor (APP) Laksh Khanna appeared for the State.Advocates Supriya Juneja and Adhishwar Suri appeared for the complainant..[Read Order]