The Madhya Pradesh High Court has stated that a minor’s consent is no consent at all while setting aside a revision petition filed against the Sessions Court’s decision of acquitting an accused in a child rape case. The Sessions Court in Seoni district, Madhya Pradesh had acquitted Sooraj Prasad, who has been charged with rape of a minor girl, on the basis of benefit of doubt.

The acquittal by the Sessions Court was based on a medical report which revealed no injury on the survivor’s body and that she had not resisted the sexual act by raising an alarm. According to this reasoning, the Sessions Court believed that the sexual act was consensual. A revision petition was filed by the State Government against the order of the Sessions Court.

The High Court noticed that the girl was fourteen-years-old according to the radiological examination and school attendance register. On the basis of her age, the High Court bench has stated that even if the minor girl had consented, her consent is immaterial as it cannot be treated as “consensual sex”.  As consent is not permissible in such a case, it is a valid case for rape under Section 376 of Indian Penal Code.