SARFAESI Act | Sale Certificate Cannot Be Issued In Favour Of A Third-Party Nominee Who Was Not The Auction Bidder: Supreme Court SARFAESI Act | Auction Sale Conducted In Violation Of Mandatory Rules And Subsisting Restraint Order Is Vitiated In Law: Supreme Court Recovery Of Alleged Overpayment From A Separate, Unrelated Contract Without Notice Violates Principles Of Natural Justice: Supreme Court IBC | Adjudicating Authority Has Power To Recall CIRP Admission Order If It Was Obtained Through Fraud Or Collusion: Supreme Court Section 138 NI Act | Presumption Of Service Is Attracted Once Notice Is Dispatched To Correct Address Of Drawer: Supreme Court Operation Of Hookah Bars In Restaurants Constitutes Violation Of Rule 4(3) Of COTPA Rules: Allahabad High Court High Court Cannot Recall Order Passed On Merits Even If Passed Ex-Parte: Bombay High Court Administrative Authorities Cannot Pass Orders Having Civil Consequences Without Meaningful Consideration Of The Affected Employee’s Response: Allahabad High Court Discharge Application Cannot Be Converted Into A 'Mini-Trial' To Assess Evidentiary Sufficiency: Andhra Pradesh High Court Order VII Rule 11 CPC | Plaint Must Be Rejected If Allegations Are Falsified By Documents Annexed To Plaint Or Based On Non-Existent Law: Bombay High Court Police Cannot Interfere In Pending Civil Disputes Or Act As Arbitrators In Private Property Conflicts: Andhra Pradesh High Court Contract For Personal Services Between Doctor And Hospital Is Determinable And Not Specifically Enforceable: Calcutta High Court Allegations Of Sexual Offences Cannot Be Quashed Based On Contradictory Evidence Requiring Mini-Trial: Delhi High Court PMLA Adjudication | Failure To Expressly Discuss Every Submission In Written Synopsis Does Not Vitiate Order Under Principles Of Natural Justice: Karnataka High Court Prolonged Separation Of Sixteen Years Constitutes Cruelty Under Special Marriage Act: Kerala High Court Grants Divorce Order XII Rule 6 CPC | Decree Of Possession Can Be Granted On Admissions Even If Relationship Of Landlord-Tenant Is Disputed: Delhi High Court Non-Framing Of Issues Under Order XIV CPC Does Not Vitiate Trial Unless Prejudice Is Proved: Madras High Court Order 47 Rule 1 CPC | Review Jurisdiction Cannot Be Invoked To Cure Failure To Produce Evidence That Was Within Knowledge Of Applicant: Madhya Pradesh High Court Codicil To A Will Must Be Proved Like A Will; Propounder Must Remove All Suspicious Circumstances: Punjab & Haryana High Court Mere Lodging Of Section 498-A IPC Case Not Cruelty: Telangana High Court Sets Aside Divorce Decree Order XVII Rule 3 CPC | Power To Dismiss Suit For Default Of Evidence Is Drastic And Must Be Exercised Sparingly: Punjab & Haryana High Court

Any Physical Liaison with A Girl Of Less Than Eighteen Years Is A Strict Offense.: Patna High Court Reiterates Strict Stance On Sexual Offences Against Minors

22 September 2024 11:21 AM

By: sayum


On September 12, 2024, the Patna High Court delivered a significant ruling in Vikash Sah v. The State of Bihar, upholding the appellant's conviction and life sentence for the rape of a minor under Section 376(1) of the IPC and Section 4 of the POCSO Act, 2012. The court dismissed the appellant's claims of a consensual relationship, emphasizing that any sexual activity with a minor constitutes a strict offense.

The case arose from an incident on August 3, 2017, involving the rape of a 17-year-old girl by her neighbor, Vikash Sah. The victim reported that while sleeping in her courtyard, the appellant climbed over the wall, threatened her with a dagger, and committed the rape. Due to fear and threats from the appellant, she delayed reporting the incident until October 24, 2017. The victim's father, upon learning of the crime, returned from Mumbai and lodged a complaint with the police, leading to the appellant's trial and subsequent conviction.

The appellant's defense hinged on the delay in lodging the FIR, suggesting it cast doubt on the accusation. The appellant also argued that the relationship was consensual and questioned the POCSO court's jurisdiction, alleging the victim was not a minor. The defense challenged the reliance on a school certificate to establish the victim's age.

The prosecution countered these arguments by highlighting the victim's fear and the threats that caused the delay in reporting. The prosecution also noted that the victim became pregnant, sought permission for termination from the High Court, and the DNA evidence conclusively matched the appellant with the fetus.

The court found the victim's delay in reporting the crime plausible, given the threats made by the appellant. The court noted that the victim's father corroborated her account, stating he acted promptly upon learning of the incident. The investigating officer, Indira Rani (PW-3), testified that the victim was a minor based on a school certificate, which went unchallenged during the trial.

The court dismissed the appellant's argument about the consensual nature of the relationship, noting the strict liability imposed by the POCSO Act for sexual activity with minors. The judgment emphasized, "There can be no presumption that two young persons if they are neighbours are bound to get physically attracted to each other." It further clarified that even if the relationship had been consensual, the appellant's actions constituted an offense under the POCSO Act.

The court also rejected the defense's argument regarding the lack of recent signs of sexual intercourse and discrepancies in the pregnancy timeline, considering the significant time elapsed since the incident and the victim's intention to terminate the pregnancy.

The High Court upheld the life imprisonment sentence of Vikash Sah, confirming the trial court's judgment. The court's ruling underscores the legal principle that any sexual liaison with a minor, irrespective of consent, is a punishable offense under the POCSO Act.

Date of Decision: September 12, 2024

Vikash Sah v. The State of Bihar

Latest Legal News