A minor's consent is not valid for sexual intercourse, and the age of consent for sexual intercourse is definitively 18 years.

JUDGMENT

1. The petitioner has filed the instant application under Section 439 of Cr.P.C seeking bail in connection with Borigumma P.S. Case No.144 of 2019 dated 07.10.2019 corresponding to T.R. Case No.10 of 2020 (G.R. Case No. 846 of 2019) pending in the Court of the learned Additional Sessions Judge-cum-Special Judge, Jeypore, Koraput. The petitioner herein is the accused in connection with alleged commission of offences punishable under Sections 376(2)(n), 376(3) and 417 of I.P.C. read with Section 6 of the POCSO Act, 2012.

2. The case of the prosecution is that complainant (Nanda Harijan) has accused the petitioner of sexually assaulting the former's daughter. The victim is a 14 years-old minor girl studying in Standard-IX at Kasturba Gandhi Vidyalaya. When the petitioner was staying in the house of Purusottam Harijan, the victim was sexually assaulted by the petitioner several times by false assurance of marriage and by giving temptation of monetary offer. As a result of such misconduct, the victim girl impregnated by the petitioner. When she realised that her condition has become vulnerable and an assault on her honourable reputation, thereafter, the complainant decided to lodge an FIR before the IIC, Borigumma Police Station, in the district of Koraput on 07.10.2019 and submitted a written report regarding the same.

3. Heard Mr. Sibo Sankar Mishra, learned Counsel appearing for the petitioner, Mr. S. S. Kanungo, learned Additional Government Advocate for the State and Mr. A.P. Bose, learned counsel for the informant and perused the case records.

4. Learned Counsel for the petitioner, Mr. Mishra has submitted that the petitioner is an innocent person and has been falsely implicated in this case by the Police. The petitioner has never committed the alleged offences and has no role to play in it. Learned Counsel has further submitted that the FIR has been lodged against the petitioner by the complainant with a false accusation and vindictiveness. Learned Court below has observed that the alleged act was not forceful but was on consent. Further, on 20.08.2020, the victim was present personally in the Court below where she was heard by the learned trial court Judge in his Chamber separately. At the time the victim has stated that she has no objection if the petitioner be released on bail. Further, the victim girl is staying in the house of the petitioner. The victim has also delivered a child. The parents of the petitioner are taking care of both the mother and child. Moreover, there is no direct evidence against the petitioner. The petitioner is a young boy of 21 years and has a long future. Hence, the petitioner deserves to be enlarged on bail.

5. It is well settled that the minor girl cannot give a meaningful consent to sexual activity. The injury suffered by the minor victim of a sexual abuse is deeply physical, psychological and emotional. Further, the rigid sex-role stereotypes that are very much present in an society requires condemnation. In a given case, if the Court finds it difficult to accept the version of the victim, on its own, the Court would be justified in searching for evidence, direct or circumstantial, which lends assurance to her testimony. Such assurance, short of corroboration, is sufficient. Even the so-called consent defense by the petitioner is a no-defense as she is a minor. There cannot be any compromise in cases where the crime is against the body of a woman that too a child of 14 years old.

6. The Supreme Court in the case of State of M.P. vs. Madanlal, (2015) 7 SCC 681 has held as under:

'18. The aforesaid view was expressed while dealing with the imposition of sentence. We would like to clearly state that in a case of rape or attempt to rape, the conception of compromise under no circumstances can really be thought of. These are crimes against the body of a woman which is her own temple. These are the offences which suffocate the breath of life and sully the reputation. And reputation, needless to