Consent irrelevant in POCSO cases, says Kerala High Court

Consent is irrelevant in a love relationship involving a minor, the Kerala High Court observed on Tuesday (September 2, 2026). The court made the legal position clear while dismissing a plea by an accused challenging his conviction under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

Justice A. Badharudeen held that the evidence given by the minor in the case was of sterling quality, and that there was no reason to find that the accused was falsely implicated in the case.

The special court for trial of offences relating to atrocities against women and children, including POCSO cases, Alappuzha, had found that the accused had committed rape under the Indian Penal Code and sexual assault under the POCSO Act.

The trial court sentenced him to imprisonment for 10 years, besides imposing a fine of ₹50,000. The accused argued that he had been falsely implicated, and that the prosecution had not established beyond reasonable doubt that he had committed the crime.

He also contended that the minor had been in a romantic relationship with him. He pointed out that the complaint of sexual assault had been made up after a separate case was registered against him for assaulting the minor’s father.

The High Court found that the contentions raised by the accused lacked merit. It further noted that there was no scope for a reduced sentence, as requested by the accused, since the trial court had already awarded him the minimum possible punishment.