Nagpur: The Nagpur bench of Bombay high court recently suspended life sentence of a man convicted under POCSO Act, holding that while consent of a minor is legally irrelevant, circumstances in which the admitted adolescent relationship developed raise issues requiring consideration at the final hearing of the appeal.A division bench of Justices Urmila Joshi-Phalke and Nivedita Mehta passed the order last week while allowing an application filed by a Wardha man, who was convicted by a Wardha sessions court on Oct 7, 2024, under Section 376(2)(n)(j) of IPC and Section 6 of POCSO Act for aggravated sexual assault on the minor.The man was sentenced to rigorous imprisonment for the remainder of his natural life and fined Rs10,000, while being acquitted of the charge under Information Technology Act.The petitioner, through counsel AS Band, sought suspension of sentence, contending that physical relationship with the survivor developed when they were in love. The prosecution, however, contended that the survivor was then a minor and her consent carried no legal significance under POCSO Act.After examining the survivor’s testimony, HC noted that she had consistently stated, both in her examination-in-chief and cross-examination, that she and the petitioner were in love and that their physical relationship developed during that time.“Admittedly, the consent of a minor girl is not relevant. However, circumstances under which the relationship was developed is required to be considered. Out of love relationship or adolescent relationship, the physical relationship was developed between them,” the bench said.The judges noted that there is nothing on record to show that there was a false promise of marriage, adding that whether the marriage did not take place because of subsequent circumstances would have to be examined.Relying on Supreme Court’s rulings in Pramod Suryabhan Pawar versus state of Maharashtra (2019), Rajnish Singh alias Soni versus state of Uttar Pradesh (2025), and Omprakash Sahni versus Jai Shankar Chaudhary (2023), the bench reiterated that, while evidence cannot be reappreciated at the stage of considering suspension of sentence, the appellate court must assess whether the appeal presents a prima facie case with a fair chance of success.Applying those principles, the court held that the man had made out a case for suspension of sentence and ordered his release on bail on furnishing a personal bond of Rs25,000 with one solvent surety of the like amount.
