NEW DELHI: An Indian court has convicted a man of raping a 14-year-old girl in January 2015, saying having physical relations with a minor constitutes rape, regardless of the girl’s consent.
Additional Sessions Judge Amit Sahrawat was hearing the case against the man, who was booked under the penal provisions for rape and Section 6 (aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences Act (POCSO).
Special Public Prosecutor Vineet Dahiya appeared for the prosecution.
The court took note of the girl’s “consistent” and “credible” statement that she had voluntarily engaged in physical intercourse with the accused, which resulted in her becoming pregnant and later giving birth.
The court rejected the defence argument that the girl was a minor at the time of the incident, saying the evidence presented showed she was around 14 years old.
“The defence has already conceded the prosecution’s argument to the extent of physical relationship and that once physical relationship is established with a minor girl, it fully falls within the definition of rape and sexual intercourse and the consent of the victim is not important,” the court said.
The court announced that DNA testing showed that the defendant was the baby’s biological father.
“The Forensic Science Laboratory (FSL) report strengthens the prosecution case that the accused had a physical relationship with the victim which resulted in her becoming pregnant and giving birth to a child,” it said.
He said the prosecution had proved its case beyond reasonable doubt.
“Accordingly, the accused is found guilty of the offences of rape and aggravated sexual assault,” the court said.
Arguments on sentencing are expected to take place at a later date.
Published June 10, 2024 15:14 IST