Physical relations with minor covered by 'definition of rape', consent of victim immaterial: Court
New Delhi (PTI): A court here has convicted a man of raping a 14-year-old girl in January 2015, saying if physical relations are established with a minor, it becomes an offence of rape and her consent is immaterial.
Additional Sessions Judge Amit Sahrawat was hearing a case against the man who was charged under the penal provision of rape and Section 6 (aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act.
Special Public Prosecutor Vineet Dahiya appeared for the prosecution.
The court noted the "consistent" and "reliable" statements of the girl about becoming pregnant and later giving birth because of having voluntarily established physical relations with the accused.
Rejecting the defence lawyer's argument that the girl was a major at the time of the incident, it said according to the evidence before it she was around 14 years old.
"The defence has already admitted the case of the prosecution to the extent of physical relations, thus if physical relations are established with a minor girl, then it is squarely covered by the definition of rape and penetrative sexual assault, and the consent of the victim is immaterial," the court said.
The court said according to the DNA profiling, the accused was the baby's biological father.
"The forensic science laboratory (FSL) report fortifies the case of the prosecution that the accused has established physical relations with the victim and as a consequence of that, the victim got pregnant and gave birth to a child," it said.
It said that the prosecution had proved its case beyond a reasonable doubt.
"Accordingly, the accused is found guilty of the offence of rape and aggravated penetrative sexual assault," the court said.
The arguments on the quantum of sentence will be heard later.
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AIITA welcomes Karnataka’s ban on obscene songs in school events
Bhatkal: The Karnataka unit of the All India Ideal Teachers Association (AIITA) has welcomed the Karnataka government’s decision to strictly ban school children from dancing to obscene songs during educational and cultural programmes in government, aided, and private schools across the state.
AIITA Karnataka State President M. R. Manvi congratulated the government for taking what he termed an important step to preserve the sanctity of education.
“Such decisions to safeguard the dignity of school children and uphold the values of education are the need of the hour. This rule should not be limited to government schools alone but must be strictly implemented in all private educational institutions as well,” he said.
He further urged the government to address other concerns within school programmes.
“The government should not only prohibit obscene dances in the name of school anniversaries, but also ensure that plays and dialogues that incite religious hatred are avoided. Schools should be centres of harmony, not platforms for spreading hatred,” he added.
According to a recent circular issued by the Department of School Education and Literacy, obscene dances are adversely affecting the mental health and moral values of students.
In this regard, schools have been advised to use songs that promote nationalism, positive thinking, the greatness of Kannada culture, and value-based traditions instead of inappropriate content during programmes.
The circular also emphasises that students should be dressed in decent attire.
AIITA also backed the department’s warning that disciplinary action would be taken against head teachers if such guidelines are violated. The association has further demanded that district Deputy Directors of Public Instruction strictly monitor the implementation of these rules.
