Considering Teenage Hormonal Changes, Madras High Court Reduces Life Sentence In POCSO Case To 10 Years

The Madras High Court has observed that the impact of hormonal changes during teenage years can be a relevant factor while deciding the sentence in cases arising out of romantic relationships, even though consent or a romantic relationship is no defence under the POCSO Act.The bench of Justice Anand Venkatesh and Justice KK Ramakrishnan reduced the life sentence imposed on the convict, who was hardly 19 years old at the time of commission of the offence, to 10 years rigorous imprisonment. “The accused person is known to the victim girl for a long period of time...Considering the relationship between the accused person and victim girl, this Court cannot rule out the adverse impact of hormonal changes that takes place in that age. Ex. Consequenti, the sentence imposed by the trial court is harsh and severe which requires modification,” the court said. The court was hearing a criminal appeal filed by Arumugam who was convicted and sentenced by the Additional Mahila and Sessions Judge, Sriviliputhur for offences under Section 306 read with Section 511 of IPC along with Section 5(l), 5(j)(ii) read with Section 6 of the POCSO Act and Section 3(3)(v) and 3(1)(w)(i) of the SC/ST (Prevention of Atrocities) Act. As per the prosecution, the victim, who belonged to the Scheduled Caste community and the accused were acquainted with each other since the victim's 8th standard. When the victim girl was studying in 11th Standard, the accused proposed his love. In 2019, the accused contacted the victim over phone, promised that he would marry her and had sexual intercourse with her, as a result of which she became pregnant. When the victim informed the accused that she was pregnant, the accused denied responsibility and refused to marry her, stating that she belonged to the Scheduled Caste community. Later, when the victim was in the advanced stage of pregnancy, she again approached the accused, but he refused to marry her and asked her to go die. Following this, the victim attempted suicide by consuming poison and was taken to the hospital where she delivered a female child. Based on the complaint by the victim's mother, a case was registered. After trial, the court concluded that the prosecution had proved the case beyond reasonable doubt and convicted and sentenced the accused. The appellant argued that the prosecution failed to prove the victim's age. The court also noted that there was a consensual romantic relationship between the victim and the accused and there was no coercion, threat or force. It was argued that the POCSO Act is not meant for punishing teenage persons who had a relationship with a proper understanding. The court observed that while the submission sounded attractive and romantic, the POCSO Act does not contemplate any romantic relationship or exception where a child has been subjected to sexual assault. The court added that a child below 18 years of age was incapable of giving consent in law and even a case of consensual romantic relationship with a child would attract the penal provisions under the Act. “There is no question of a child giving consent and such an eventuality is not even contemplated under the POCSO Act. If consent is taken as a ground and the Court acts upon it, it will have very serious consequences and it will militate against the very objective of the POCSO Act. A child below 18 years is incapable of giving consent in the eyes of law and therefore, even in a case where there is consensual romantic relationship with a child, it will attract the provisions of the Act and the concerned person has to face the consequences,” the court observed. In the present case, the court noted that the prosecution had proved that the accused had committed penetrative sexual assault as a result of which the victim became pregnant and delivered a child. The court also noted that the prosecution had proved the age of the victim through a school certificate and evidence of the school headmaster. The court, however, noted that the provisions under the SC/ST Act would not be applicable in the case since the relationship between the victim and accused was a natural attraction and not merely because she belonged to the Scheduled Caste community. Thus, the court upheld the conviction of the accused for the offence (except those under SC/ST Act). However, the court modified the sentence to 10 years' rigorous imprisonment. Counsel for Appellant: Mr. A. Thiruvadi Kumar for Mr. PNSSM Ammaar Counsel for Respondents: Mr. G. Karuppasamy Pandian Counsel for the State (Crl. side) Case Title: Arumugam v The Deputy Superintendent of Police and Another Citation: 2026 LiveLaw (Mad) 268 Case No: Crl A(MD)No.125 of 2024Click Here To Read/Download The Judgment

Considering Teenage Hormonal Changes, Madras High Court Reduces Life Sentence In POCSO Case To 10 Years

Upasana Sajeev

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Upasana Sajeev

Considering Teenage Hormonal Changes, Madras High Court Reduces Life Sentence In POCSO Case To 10 Years

Upasana Sajeev

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

Upasana Sajeev

This is a premium content
Available exclusively to
Our subscribers