The court affirmed that in cases involving minors under the Protection of Children from Sexual Offences Act, consent is irrelevant, and the law provides strong protections against exploitation.

JUDGMENT

This Criminal Appeal has been filed to set aside the Judgment passed by the learned learned Sessions Judge, Fast Track Mahila Court, Cuddalore in Spl.S.C.No.5 of 2014 dated 24.07.2015.

2. The brief facts, which are relevant for consideration in this Appeal, are as follows:-

2.1. The victim in this case lost her mother 10 years prior to the date of occurrence. She was living with her maternal aunt under her care and custody. The maternal aunt of the victim was an agricultural daily wage labourer and she used to work in the field of one Kannaiyan, who is a land owner having agricultural land. The Accused in this case is the son of the said Kannaiyan. In the course of the agricultural work carried out by the maternal aunt of the victim, the victim was also accompanied by her maternal aunt. In the course of such agricultural work, she was acquainted with the son of the land owner Kannaiyan on 03.06.2013. After the day's work, when the agricultural products were taken and was about to be stored in the store room near the house of the land owner, the son of the land owner by around 5.30 p.m., came to the store room which is adjacent to the motor room, he caught hold of the victim under the pretext of love, embraced her, forced her to the ground even though the victim objected, he had forcibly sexual intercourse with her. Also, he informed that she should not inform people outside. In continuation of the same, the land owner Kannaiyan had been constructing a new house, in the newly constructed house, the son of the landlord Kannaiyan summoned the victim on 10.06.2013 by around 6 p.m., to bring water for him to drink.

Believing the words of the Accused/son of the landlord, victim brought water to the newly constructed house for the son of the landlord to drink. At that time, he had forcibly sexual intercourse with her. When she objected, he had informed her that he would expose her to the outside world stating that she is an immoral woman. Therefore, she was forced to co-operate with him. Subsequently, he informed her that she should co-operate with him whenever he demands. Subsequently, the Accused summoned her to the house of his neighbour one Selvaraj, who was working as a Teacher, wherein in the open terrace, he had sexual intercourse with her. On 27.11.2013, the victim was alone at the maternal aunt's house by around 6.00 p.m., the Accused went to the house of the maternal aunt of the victim and had forcibly sexual intercourse with her. This time also, he informed her that if she disclose this to outside, he will expose her as a woman of immoral character. Also, he had given tablets to consume so that pregnancy will be avoided. The maternal aunt of the victim observed that the victim had not had menstruation. On repeated enquiries, she confessed to her maternal aunt, who was shocked by the same. Therefore, she summoned her relatives and the relatives of the victim went to the house of the landlord and complained of the same, for which they had threatened them. The relatives of the victim and her aunt by name Sivagami, Sivaraj and Ayyanar had approached the landlord/Kannaiyan to marry the victim to the landlord's son which he flatly refused which forced the relatives of the victim to lodge a Complaint to the Inspector of Police, All Women Police Station. The Inspector of Police, All Women Police Station received