Physical relations with minor is rape, consent immaterial: Court

A court in Delhi has convicted a man of raping a 14-year-old girl in January 2015, saying if physical relations are established with a minor, it becomes an offence of rape and her consent is immaterial.

Additional sessions judge Amit Sahrawat was hearing a case against the man who was charged under the penal provision of rape and Section 6 (aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences Act.

Special public prosecutor Vineet Dahiya appeared for the prosecution.

The court noted the "consistent" and "reliable" statements of the girl about becoming pregnant and later giving birth because of having voluntarily established physical relations with the accused.

Rejecting the defence lawyer's argument that the girl was a major at the time of the incident, it said according to the evidence before it she was around 14 years old.

"The defence has already admitted the case of the prosecution to the extent of physical relations, thus if physical relations are established with a minor girl, then it is squarely covered by the definition of rape and penetrative sexual assault, and the consent of the victim is immaterial," the court said.

The court said according to the DNA profiling, the accused was the baby's biological father.

"The forensic science laboratory report fortifies the case of the prosecution that the accused has established physical relations with the victim and as a consequence of that, the victim got pregnant and gave birth to a child," it said.

It said that the prosecution had proved its case beyond a reasonable doubt.

"Accordingly, the accused is found guilty of the offence of rape and aggravated penetrative sexual assault," the court said.

The arguments on the quantum of sentence will be heard later.