‘Clearly a love affair, but…’: Gujarat man gets 20 years in jail in POCSO case

The case arises from a complaint registered at a police station in Vadodara city in March 2025. (Source: File/ Representational)

A special POCSO Court in Vadodara described the relationship between a young man and a teenage, minor girl as “clearly a ‘love affair’ and ‘consensual relationship’”, but held that her being a minor left the court “with no alternative” but to punish him under the POCSO Act, sentencing him to 20 years in prison.

The court made the observation while dealing with the circumstances of the relationship and the question of victim compensation. “This case is clearly a ‘love affair’ and ‘consensual relationship’,” the court observed, but added that as the girl was below 18, the accused therefore had to be punished under the law.

The Special Fast Track Court under the Protection of Children from Sexual Offences (POCSO) Act, presided by the 2nd Additional Sessions Judge, on Monday convicted the man under Bharatiya Nyaya Sanhita (BNS) and the POCSO Act for the rape of the victim, who was aged below 18 at the time of the incident.

The court noted the nature of the relationship while considering the circumstances of the case and the question of compensation and said, “This case is clearly a ‘love affair’ and ‘consensual relationship’ but the victim was minor… below 18 years at the time of incident, thus, as accused has committed offence, he is required to be punished accordingly.”

The court noted that the girl had willingly eloped with the accused and therefore declined to award her separate compensation. It directed, however, that Rs 45,000 from the fine imposed on the accused be paid to her. “But, the victim willingly eloped with the accused, it is not fit case to award any compensation to the victim as it is a ‘consensual relationship’, but end of justice would be met if the fine imposed on the accused is awarded to the victim,” the court said.

The girl’s age was at the centre of the judgment as the court recorded that she was admittedly below 18 and that sexual intercourse had taken place more than once. The court said, “When a minimum sentence is provided for the offence, this court has no other alternative but to convict the accused accordingly.”

The case

The case arises from a complaint registered at a police station in Vadodara city in March 2025. The accused was arrested and later released on bail after spending six months in custody. The prosecution examined 14 witnesses, including the complainant, the girl, two doctors, the Sub-Registrar of Births and Deaths of Vadodara’s civic body, panch witnesses, a forensic science laboratory officer and police personnel. The defence did not call any witnesses.

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District Government Pleader Anil Desai sought the maximum punishment, arguing that a deterrent sentence was necessary and that “such offences were increasing” and also sought compensation for the girl. Defence advocate SG Durge sought the minimum punishment, citing the accused’s young age, absence of any previous criminal record and his role as the breadwinner of a poor family. The defence also argued that a young man sentenced to imprisonment would have to share prison space with hardened criminals.

The court sentenced the man to 20 years’ rigorous imprisonment and imposed a fine of Rs 50,000.