Kolkata, 11 December (H.S.) : The Calcutta High Court has once again made it clear that a minor cannot give valid consent for sexual relations, even if the relationship is romantic in nature. The court said that such consent has no legal value under the POCSO Act and cannot be used as a defence.

The order came in a case dating back to 2014, when a minor girl entered a relationship and later, in 2016, engaged in physical intimacy with her partner. According to the prosecution, the accused repeatedly forced himself on her despite objections, which resulted in her pregnancy. When the matter surfaced, he allegedly refused to acknowledge paternity. A case was registered at Narkeldanga Police Station, and a trial court convicted him, awarding life imprisonment.

Challenging the conviction, the accused approached the High Court, raising questions about the victim’s age and claiming that the relationship was consensual.

A division bench of Justice Rajasekhar Mantha and Justice Ajay Kumar Gupta heard the appeal. The judges observed that the victim’s statement, supported by DNA evidence, was sufficient to establish the charges. They stressed that a romantic relationship does not validate a minor’s consent, as the law does not recognize such consent under any circumstances.

The High Court upheld the trial court’s life sentence. It also directed the State Legal Services Authority to pay ₹1.80 lakh to the survivor within 15 days, while the accused must pay an additional ₹2 lakh as compensation. If he is presently out on bail, he has been ordered to surrender immediately.

Hindusthan Samachar / Satya Prakash Singh