KOCHI: Dismissing the anticipatory bail plea of an accused in the rape of a minor, the Kerala High Court observed the consent of an underage victim cannot be treated as valid.The court issued the order on the petition filed by Anand S Tomer, seaman, INS Sarveshak, Naval Base, Kochi. The victim girl was minor when the accused allegedly committed sexual intercourse with her, the court said.
The Navy authorities had declared him a deserter and issued warrant for his arrest.
The court said a minor is incapable of thinking rationally and giving any consent. For this reason, whether it is a civil law or criminal law, the consent of a minor is not treated as valid consent. A minor girl can be easily lured into giving consent for sexual intercourse without understanding the implications thereof.
“Therefore, as a necessary corollary, duty is cast on the other person in not taking advantage of the so-called consent given by a girl who is below 18 years of age. Even when a girl below 18 years gives her consent, the other partner in the sexual act is treated as a criminal who has committed the offence of rape. The law leaves no choice to him and he cannot plead that the act was consensual,” the court observed.
According to the prosecution, the petitioner and the victim girl are neighbours at their native place in Madhya Pradesh. The girl has been in love with the petitioner since 2013. He had promised the girl he would marry her when she attains majority.The victim girl deposed the petitioner had sexual intercourse with her during they stay in a hotel in Kochi. The statement of the victim girl also shows that it was the petitioner who reserved the ticket for her journey from Gwalior to Kochi, it stated.