Not raising alarm during rape not consent: POSCO court

Dec. 24: A POCSO (The Protection of Children from Sexual Offences) court has sentenced a 21-year old man to 10-year jail for raping a 13-year-old girl of his neighbourhood. The youth had taken the defence that it was a love affair and that she had not raised an alarm when the incident happened. He had also contended that there were no indications of force being used – such as bruises or abrasions on the victim. The youth had shown the court the photos of him with the girl when they played Holi together.

However, the court observed, ““Friendliness does not mean right to indulge in sexual intercourse against the desire of the other person.” The court said it is common for girls and boys of vicinity to play holi together, but that the accused had exceeded his limits and thrust himself sexually on her. The special court sentenced the 21-year-old to ten years of rigorous imprisonment for raping the 13-year-old girl of his neighbourhood and said in its order that not raising an alarm during or after the incident, will not amount to consent.