A special court that sentenced a 21-year-old to ten years of rigorous imprisonment for raping a 13-year-old girl of his neighbourhood, has said in its order that not raising an alarm during or after the incident, will not amount to consent.
The youth had taken the defence that it was a love affair and that she had not raised an alarm when the incident happened. The court accepted that she did not have to shout when a familiar person came to her home.
Special Judge under the Protection of Children from Sexual Offences Act (POCSO) Priti Kumar (Ghule) noted that after the incident, she will be shattered and shocked. “Her honour is at stake, she will not add an insult to herself by making publicity of the act,” the order said and added that she would require time to come out of the incident and gather courage to call the neighbours. It said it did not find her conduct unnatural.
He had also contended that there were no indications of force being used - such as bruises or abrasions on the victim. The court said regarding this, that it is not necessary that protest has to be shown by marks of struggle. Judge Kumar said the argument that there were no nail marks and other injuries except on her private parts, will be of no importance to absolve him of the act.
The youth had shown the court the photos of him with the girl when they played Holi together. The court said it is common for girls and boys of vicinity to play holi together, but that the accused had exceeded his limits and thrust himself sexually on her.
“Friendliness does not mean right to indulge in sexual intercourse against the desire of the other person,” it said. He has forced himself because of one-sided love and committed grievous offence, the court said. While sentencing him, it said that harsher punishment is not required for him to understand that girls of vicinity should not be taken for granted as available for satisfying their impulse. He said that he will not repeat the offence and that he has understood the consequences of his act. Judge Kumar said the sentence to him will also send a message to the youth of today of his age group, that uncontrollable desire for satisfaction of lust can spoil their future.
