Team Goemkarponn
PANAJI: Reiterating that a child cannot legally consent to sexual relations, the Special POCSO Court in Panaji has sentenced Mohammed Jhunnu, a native of Bihar’s Siwan district, to 10 years of rigorous imprisonment for sexually assaulting a minor girl.
According to the case, Jhunnu, who was employed as an electrician in the victim’s Vasco locality, developed a relationship with the girl while she was still a minor. The relationship led to the birth of a child, which became a crucial element in the investigation.
The prosecution relied heavily on forensic evidence, with a DNA analysis confirming that the accused was the biological father of the child born to the victim. The court treated the scientific evidence as a significant factor in proving the charges.
In his defence, Jhunnu claimed the relationship was voluntary and submitted that he had been providing financial assistance for the child. The defence also argued that both families had discussed solemnising the marriage once the girl attained the age of 18.
The court, however, ruled that such arguments had no bearing on the legality of the offence. It observed that under the Protection of Children from Sexual Offences (POCSO) Act, any sexual act involving a person below 18 years of age is an offence, regardless of the minor’s willingness or any subsequent marriage proposal.
While the prosecution sought the highest punishment available, the court considered the circumstances placed before it, including the accused’s age and the nature of the relationship, before imposing a sentence of 10 years’ rigorous imprisonment.
The ruling reinforces the legal principle that the consent of a minor has no legal recognition in cases involving sexual offences under the POCSO Act.
