Madras High Court Upholds POCSO and SC/ST Act Conviction, Ruling Minors Cannot Consent to Sexual Relationships: Murugesan vs State

The Madras High Court has delivered a stern verdict in Murugesan @ Murugesh vs The State , firmly rejecting the notion that a minor can consent to sexual activity. In a criminal appeal challenging a conviction for sexual assault, the bench of Justice M.S. Ramesh and Justice V. Lakshminarayanan underscored the legal impossibility of consent in cases involving minors, reinforcing the protective mantle of the Protection of Children from Sexual Offences (POCSO) Act.

A Tragic Case of Betrayal and Abuse

The appellant, a 35-year-old man, was convicted by the Sessions Judge, Fastrack Mahila Court, Krishnagiri, under the POCSO Act and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. The prosecution case detailed that the appellant, taking advantage of a minor friend of his daughter visiting their home during holidays, repeatedly subjected her to sexual assault. The victim, who belongs to a Scheduled Caste community, eventually became pregnant. In a bid to conceal his crime, the accused kidnapped the victim and held her in confinement in Coimbatore.

The trial court found the accused guilty and imposed rigorous sentences—including life imprisonment—for his heinous actions.

The Legal Battle: Consent and Age Determination

The defense counsel argued that the victim’s age was not "proved in a manner known to law," challenging the school certificate (Ex.P7) produced by the headmaster of John Britto Higher Secondary School. The appellant contended that the relationship was consensual and that the family had fabricated the charges.

However, the High Court dismantled these arguments by strictly applying the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 . The Court emphasized that under Section 94 (2)(i), school records serve as the primary evidence for age determination. With the school records unequivocally establishing the victim as a child (under 18) at the time of the offence, the Court held that the legal concept of 'consent' is entirely inapplicable.

Key Observations

The High Court bench offered a compelling analysis of how the judiciary must approach the testimony of victims in sex offences:

• On the Reliability of Victim Testimony: "A prosecutrix of a sex offence cannot be put on par with an accomplice. She is in fact a victim of the crime. The Evidence Act nowhere says that her evidence cannot be accepted unless it is corroborated in material particulars."
• On the Legal Nature of Consent: "The question of getting consent from a child for having sexual relationship does not arise at all... It is too fundamental, however, for the purpose of this case, that we have to reiterate that a child cannot give consent to another, to have sexual relationship with her / him."
• On the Special Sensitivity Required: "Ours is a conservative society where it concerns sexual behaviour... Decency and morality in public life can be promoted and protected only if we deal strictly with those who violate the societal norms."

A Decisive Precedent

Citing * State of Maharashtra Vs. Chandraprakash Kewalchand Jain *, the Court reiterated that social standards require the justice system to be "alive and conscious" when evaluating evidence in sexual assault cases. The bench affirmed the Trial Court's decision to invoke Section 3 (2)(v) of the SC/ST Act, given that the offender knowingly targeted a victim from the Scheduled Caste community.

Final Verdict: The Impact

The High Court dismissed the criminal appeal, confirming the sentencing and ordering the immediate apprehension of the accused. This ruling serves as a vital reminder to the legal community and the public alike: the judiciary will not entertain claims of "consensual relationships" when the victim is a minor. By affirming the stringent application of POCSO and the SC/ST Act, the Madras High Court has sent a powerful message regarding the state’s duty to protect the most vulnerable from systemic and physical abuse.