- Love Affair as Main Ground for Appeal
- Several sources acknowledge that the appellant and victim had a love affair, which is a central element in many appeals (e.g., PW2, PW3, PW4, PW7 testify to the love affair ["2023 0 Supreme(Cal) 1104"]; state that I had a love affair with the appellant ["2025 0 Supreme(Kar) 1705"]; factum of love affair clearly surfaces on record ["2025 0 Supreme(Guj) 1431"]; there was a love affair between the appellant and the victim ["2022 Supreme(Online)(Mad) 104089"]; victim had love affair with A1 ["2022 Supreme(Online)(MAD) 29472"]; victim and the appellant were having a love affair ["2025 0 Supreme(Gau) 1220"]).
- Consent and Age of Victim
- Many appeals emphasize that the victim was a minor and that her consent is legally irrelevant under Section 376 IPC and POCSO Act, which automatically constitutes rape if the victim is underage, regardless of consensual nature (e.g., Section 376 of IPC, since the consent of minor girl... amounts to rape ["
Ashik Ramjan Ansari VS State of Maharashtra - Crimes
"]; the victim was minor and her consent is of no help ["2025 Supreme(Online)(Guj) 13163"]; the victim was a minor as per age criteria ["2022 Supreme(Online)(MAD) 29472"]). - Love Affair and Family Opposition
- Some appeals mention that the love affair was known to the family and that opposition from family members led to legal complaints, sometimes alleging sexual assault, which courts have considered in their judgments (e.g., love affair was known to her family ["2022 Supreme(Online)(MAD) 29472"]; family was opposed to this alliance ["
Ashik Ramjan Ansari VS State of Maharashtra - Crimes
"]; due to opposition, complaint was lodged ["2025 0 Supreme(Kar) 1705"]). - Nature of Relationship: Romantic vs. Sexual
- The distinction between a romantic love affair and physical intimacy is debated; some appeals suggest the relationship was purely romantic or platonic, which could impact the conviction (e.g., whether the love affair was purely romantic without physical relationship is not clear ["2025 0 Supreme(Gau) 1220"]).
- Evidence Supporting Love Affair
- Consistent references to evidence such as love letters, mobile phone conversations, and witness testimonies confirm the existence of a love relationship, which appeals often cite to challenge the conviction (e.g., she had written love letter including by her own blood ["2025 Supreme(Online)(Gau) 8273"]; talked through cell phone ["2022 Supreme(Online)(MAD) 29472"]).
- Legal Arguments for Appeal
- Some appeals argue that the love affair, especially if consensual and with the victim's age considered, should not lead to conviction under POCSO, or that the evidence does not conclusively prove sexual assault, emphasizing the need for considering the nature of the relationship and consent.
- Others highlight procedural or evidentiary issues, such as delay in filing complaints or contradictions in witness testimonies, as grounds for appeal.
- Main Points and Insights
- The core ground for appeal against POCSO convictions in these cases is the existence of a love affair, often claimed to be consensual or romantic, with the victim, and that the legal presumption of non-consent under age does not apply if the relationship is established as consensual or platonic.
- Courts have sometimes upheld convictions based on evidence of sexual activity or victim's statements, but in other cases, have acquitted or set aside convictions due to doubts about the nature of the relationship or procedural lapses [e.g., appeal allowed, appellant acquitted ["2025 Supreme(Online)(Gau) 8273"]].
- Conclusion
- The primary grounds to challenge a POCSO conviction based on love affair include contesting the victim's minor status, asserting the relationship was consensual and romantic without sexual assault, and highlighting procedural or evidentiary issues. Each case hinges on the specific evidence of the relationship's nature and the victim's age.
