Karnataka High Court Awards 20 Year Sentence In POCSO Case

The Karnataka High Court has overturned the acquittal of an accused in a POCSO case and sentenced him to 20 years of rigorous imprisonment along with a total fine of Rs 1.05 lakh.

The court made it clear that when a person below 18 is involved, an alleged claim of consent cannot be used as a defence in a criminal case under the POCSO law.

The judgment was delivered by a division bench comprising Justice H P Sandesh and Justice B Pramod while hearing an appeal filed by the victim’s parents against the acquittal order passed by the Mandya Sessions Court.

The case involved a girl who was 16 years old at the time of the incident. The court relied on her birth certificate and SSLC marks card while determining her age. Since she was below 18, the bench held that her consent was not legally relevant under the provisions protecting children from sexual offences.

The accused had reportedly argued during the appeal that the relationship was consensual and that the trial court had correctly acquitted him. The High Court rejected that argument while examining the age related evidence and other material available in the case.

DNA evidence also played an important role in the High Court’s consideration of the matter. Samples collected during the investigation were examined by the Forensic Science Laboratory, and the DNA report established a biological relationship between the accused and the pregnancy involved in the case.

The bench observed that the trial court had failed to properly consider important evidence, including the documents establishing the girl’s age and the DNA findings. The High Court therefore concluded that the acquittal could not be sustained.

The court also noted that the purpose of the POCSO Act is to provide special legal protection to children. A minor cannot be treated in the same manner as an adult when determining whether alleged consent provides a defence under the law.

The accused was sentenced under the relevant POCSO provision and Section 376 of the Indian Penal Code, as applicable to the case. The court imposed Rs 1 lakh as part of the sentence and an additional Rs 5,000 fine in connection with the kidnapping allegation.

The High Court directed that Rs 90,000 from the total fine of Rs 1.05 lakh should be provided as compensation to the victim. The remaining Rs 15,000 is to be deposited with the government.

The court has also directed the accused to surrender before the trial court within one week of receiving a copy of the order. If he fails to surrender within the prescribed period, the trial court has been instructed to take steps for his arrest and custody.

According to the case history recorded in the judgment, the accused was a 26 year old man from Maddur taluk in Mandya district. He had reportedly come into contact with the girl through Facebook in 2021.

The prosecution alleged that the accused subsequently took the minor away without informing her parents and committed the offences that formed the basis of the police case. Maddur police had registered a case under various provisions of the Indian Penal Code and the POCSO Act.

The trial court had earlier acquitted the accused after finding that the prosecution had not established its case with sufficient evidence. The victim’s parents challenged that decision before the High Court.

After reviewing the evidence, the High Court found that the trial court had not properly assessed crucial material in the case. The bench also criticised the failure to fully consider the purpose and protective nature of the POCSO legislation.

The ruling reinforces an important principle under Indian child protection law. When the alleged victim is below 18 years of age, claims about willingness or consent do not remove the legal protections provided by the POCSO Act.