Kerala High Court: Consent Has No Bearing in POCSO Cases Involving Minors

The Kerala High Court on Tuesday made it clear that consent carries no legal weight in cases involving romantic relationships with minors, as it dismissed an appeal against a conviction under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

Justice A. Badharudeen, hearing the case, affirmed that the evidence provided by the minor victim was of "sterling quality" and found no basis to conclude that the accused had been falsely implicated.

The trial court in Alappuzha, which handles cases related to atrocities against women and children, had earlier convicted the accused for rape under the Indian Penal Code and sexual assault under the POCSO Act. The sentence handed down was ten years of imprisonment along with a fine of ₹50,000.

In his appeal, the accused had argued that he was innocent and that the prosecution had failed to prove his guilt beyond a reasonable doubt. He also claimed that the relationship was consensual and that the complaint was fabricated following a separate case registered against him for assaulting the minor's father.

The High Court, however, found these arguments to be without merit. It further noted that a request for a reduced sentence could not be entertained, as the trial court had already imposed the minimum punishment available under the law.