CHENNAI: The Madras High Court has observed that the mental trauma of undergoing aggravated penetrative sexual assault would haunt a minor girl for ever and the perpetrator cannot claim ignorance on the consequences of such offence.
Justice R Hemalatha made the observation recently while dismissing an appeal filed by a man challenging his conviction in the rape case of a 15-year-old girl in Chennai.
The appellant, Sathishkumar, was convicted and sentenced to undergo rigorous imprisonment for a period of 10 years by the Special Court for Protection of Children from Sexual Offences (Pocso) Act Cases, Chennai, in 2018.
He challenged the conviction on the ground that he and the girl were romantically involved, leading to physical relationship with her consent. He also said he tied ‘thaali’ (the nuptial knot) on her at the Tiruttani temple before staying for a few days at Hogenakkal in 2014.
However, the girl returned to Chennai and surrendered before the police station concerned where a missing case was registered and charged him of taking her forcibly and having physical relationship. Later, the girl was married off to her maternal uncle.
“Though the victim is happily married now, the mental trauma or the effect of such an incident would haunt her forever,” the judge observed.
Referring to the appellant’s claim that he had taken the girl with her consent, the judge said, “It is clear that the appellant had committed this grave offence. He was much older than the victim. A 25-year-old man cannot be ignorant of the consequences of making a girl pregnant.”
Justice Hemalatha further held “consent or not” from the victim girl is “immaterial in such cases”.