CHENNAI: A Mumbai court recently observed that friendship cannot be misunderstood for love. Having a friend of the opposite sex does not mean that she is available for satisfying his sexual desire, the court noted while convicting an 18-year-old boy for rape of a 13-year-old girl, Bar and Bench reports.
“The victim girl was not consenting party is clear. It is not necessary that the protest has to be shown by marks of struggle,” the judgment by Special Judge under the Protection of Children from Sexual Offences (POCSO) Act, Priti Kumar said. The judgement, according to the report, was delivered on December 18.
The report said that a day prior to the rape, the accused told the victim that he loved her. She immediately informed her mother. The very next day, the accused barged into the house of the girl when she was alone and raped her.
Judge Priti Kumar stated that it was clear that the girl was not willing to have sexual intercourse which is why she did not hide it from her mother.
“The accused has, as of right in the guise of being friend, forced himself because of his one sided love and committed this grievous offence. The victim girl's life is devastated by this act of accused and accused also has caused a dent to his life at the every early phase of youth,” the Court held.
"It is settled position of law that consent of minor is no consent," the court made it clear.
Hence, the court convicted the accused for offence of rape under IPC (Indian Penal Code) and for sexual harassment, sexual assault and penetrative sexual assault under POCSO.