Thane, Jan 24: A special court for the Protection of Children from Sexual Offences (POCSO) in Thane has sentenced a 20-year-old man to 20 years of rigorous imprisonment for repeatedly raping a minor girl and impregnating her under the false promise of marriage.
Conviction under IPC and POCSO Act
Special Judge Ruby U. Malvankar found Gaurang Girish Kanthariya, a resident of Bhayandar East, guilty under Section 376(2)(n) of the Indian Penal Code and Sections 5 and 6 of the POCSO Act, which pertain to aggravated penetrative sexual assault on a child.
Court’s observations
In its order, the court observed: “It is amply clear that the accused has not produced any material on record to show that he did not possess that mental state at the relevant time, nor has he disproved the veracity of the evidence produced by the prosecution through its witnesses. Hence, the presumptions under Sections 29 and 30 have not been rebutted in favour of the defence. All charges levelled against the accused for repeatedly raping the minor victim have been proved beyond reasonable doubt. Additionally, the charge of criminal intimidation also stands proved.”
Sentence rationale
While passing the order, the court noted that while the act constitutes a serious offence against a child, the age of the accused was a factor in sentencing. “Considering the submissions, the act undoubtedly constitutes a serious penal offence. However, the victim appears to have entered into a relationship with the accused, who is also a young person in his twenties. Therefore, considering the dictum of the law, this court deems it appropriate to impose the minimum sentence provided by the law to meet the ends of justice,” the court maintained.
In addition to the 20-year prison term, the court imposed a fine of Rs 2,000 on the accused.
Prosecution case
According to the prosecution, the victim — who was 17 years old at the time of the offence — had known the accused since 2020. The two developed a relationship after the accused proposed marriage. Between October 2020 and November 2021, the accused repeatedly raped the minor at his residence in Bhayandar East under the guise of marriage. The prosecution stated that the assaults occurred while the victim’s grandmother was away at work.
The matter came to light after the victim missed her menstrual cycle; a medical examination subsequently revealed that she was three months pregnant. An FIR was lodged at Navghar Police Station on January 30, 2022.
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Defence rejected
During the trial, the accused admitted to the relationship but claimed it was consensual and that the two had lived together. However, the court categorically rejected this defence, observing that a minor is legally incapable of granting consent.
“It is settled law that the consent of a minor is no consent,” the court held, adding that the accused had knowingly entered into a sexual relationship with a child.
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