Mumbai POCSO Court Delivers Unwavering Verdict: Minor's Consent Irrelevant in Rape & Kidnapping Conviction

In a powerful reaffirmation of child protection laws, a special court in Mumbai, operating under the Protection of Children from Sexual Offences (POCSO) Act, has delivered a crucial judgment, convicting a 25-year-old man for the rape and kidnapping of a minor girl. The court unequivocally stated that a minor's consent holds no legal validity in such egregious crimes, a principle fundamental to the POCSO Act.

The case unfolded with disturbing details.

The accused, identified as Sandesh Baban Waghmare, befriended the then 17-year-old victim. Exploiting this acquaintance, he abducted her and took her to a lodge in Goa, where he subsequently engaged in sexual intercourse with her. This grave transgression came to light when the victim's father lodged a missing persons complaint, leading to an extensive search and the eventual discovery of the heinous act.

During the trial, the court meticulously examined the evidence and testimonies.

The prosecution presented a compelling case, demonstrating how Waghmare's actions constituted not only kidnapping but also sexual assault under the stringent provisions of the POCSO Act. The defense, in an attempt to mitigate the charges, reportedly tried to introduce the concept of 'consent' from the minor.

However, the court vehemently rejected this argument, citing established legal precedents and the very essence of the POCSO legislation.

Special Judge A D Karnik, presiding over the case, underscored the critical legal position that a child, by definition, lacks the legal capacity to consent to sexual acts.

This principle, enshrined in Section 375 and 376 of the Indian Penal Code (IPC) and further reinforced by Section 3(a) read with Section 4 of the POCSO Act, is designed to safeguard minors from exploitation and abuse, recognizing their inherent vulnerability.

The court's verdict serves as a stern reminder that the law views minors as individuals requiring special protection, and any claim of 'consent' from them in matters of sexual activity is null and void.

Waghmare was found guilty of both rape and kidnapping, a decision that upholds the robust framework of India's child protection laws. This judgment is a significant step in reinforcing societal trust in the justice system's ability to protect its most vulnerable members and sends a clear message about the severe consequences awaiting those who violate these sacred protections.