The Kerala High Court ruled on Tuesday, September 2, 2026, that consent is irrelevant in a love relationship involving a minor. The bench, headed by Justice A. Badharudeen, clarified the legal position while dismissing an appeal by an accused who challenged his conviction under the Protection of Children from Sexual Offences (POCSO) Act, 2012.
Justice Badharudeen noted that the testimony of the minor was of “sterling quality” and found no basis to consider the accused falsely implicated. The special court in Alappuzha that tried offences against women and children had earlier convicted the accused of rape under the Indian Penal Code and of sexual assault under the POCSO Act, imposing a ten‑year imprisonment term and a fine of ₹50,000.
In his appeal, the accused contended that he had been wrongly implicated and that the prosecution had failed to prove the crime beyond reasonable doubt. He argued that the minor was in a romantic relationship with him and claimed the sexual‑assault complaint was fabricated in retaliation after a separate case was lodged against him for assaulting the minor’s father.
The High Court rejected these contentions, stating they lacked merit. It also ruled that the sentencing could not be reduced, as the trial court had already imposed the minimum punishment permissible under the law.
