Telangana High Court upholds POCSO conviction, says, consensual physical acts cannot be taken as a defence if girl is below 18 years of age

It was observed by the Court that the evidence of victim girl cannot be disbelieved only for the reason of there being no independent corroboration. In the present case, the circumstances clearly showed that it was appellant who in fact had indulged in committing rape on victim girl

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The Telangana High Court in the case Vanka Rajesh Raju v. The State of Telangana observed and has reiterated that the defense that acts of physical relationship was consensual between the accused and victim girl cannot be considered where the age of the girl was below 18 years to attract POCSO Act.

A singe bench comprising of Justice K. Surender observed and dismissed an appeal challenging the conviction under the Protection of Children from Sexual Offences Act, 2012.

It was observed that the appellant was convicted for the offence under Section 5(1) r/w 6 (punishment for aggravated penetrative sexual assault) of the POCSO Act and Section 506 (punishment for criminal intimidation) and 376 (punishment for rape) of Indian Penal Code, 1860.