A Pocso court in Panaji has sentenced a 22-year-old bus conductor to 10 years of rigorous imprisonment for the rape of a 17-year-old girl last year. The accused was known to the survivor, who was a minor at the time of the incident.
Incident Details
The crime came to light only after the girl became pregnant and suffered a natural miscarriage. Following this, an inquiry was conducted, leading to the arrest of the accused. The court observed that since the survivor was a minor, her consent for sexual intercourse was irrelevant under the law.
Court's Observations
The court stated, “Whether the accused had sex with her consent while she was conscious or by giving her a drink that made her dizzy is immaterial. Therefore, conducting a blood test of the survivor is a futile exercise.” It further held that the survivor’s habit of running away and her character were not relevant to the case.
The public prosecutor, S Nagvenkar, argued for the maximum sentence, emphasizing that the offence was heinous and committed against a child, and that a strong message needed to be sent to society. In contrast, the defense lawyer claimed there was no intent to sexually assault the girl and that the accused was the sole breadwinner for his family.
Legal Implications
The verdict underscores the strict provisions of the Protection of Children from Sexual Offences (Pocso) Act, which considers any sexual act with a minor as a grave offense, regardless of consent. The 10-year rigorous imprisonment sentence reflects the court’s stance on protecting minors from sexual exploitation.
