Kulgam Man Sentenced to 8 Years for Statutory Rape Despite “Consensual” Relationship

Kulgam Man Sentenced to 8 Years for Statutory Rape Despite “Consensual” Relationship

Kulgam, March 14(PTK): The Fast Track Court/Additional District & Sessions Judge Kulgam, Parvaiz Iqbal, has sentenced Yawar Ahmad Bhagat to eight years of rigorous imprisonment for statutory rape under Section 376 of the Ranbir Penal Code (RPC).

The case originated from FIR No. 92 of 2018, registered at Police Station Yaripora, regarding the sexual exploitation of a minor girl. Initially, Bhagat was charged alongside two others, Ghulam Mohi-ud-din Bhagat and Shabir Ahmad Bhagat. However, the court acquitted the co-accused of charges under Sections 363 and 109 RPC. Yawar Ahmad Bhagat was also acquitted of kidnapping charges under Section 363 RPC but was found guilty of statutory rape.

Despite evidence of a “consensual” relationship, the court emphasized that the minor’s consent was legally irrelevant. At the time of the complaint, the victim, aged 17, was 36 weeks pregnant. Furthermore, Bhagat had disowned paternity, leaving the minor without support.

“Though the minor girl and the convict were in a love affair and their relationship was ‘consensual,’ once the girl is a minor, i.e., under 18 years, her consent is inconsequential,” the judgment stated.

While imposing the minimum sentence under Section 376 RPC, the court considered Bhagat’s age, his elderly parents’ dependency, and his future prospects. However, the gravity of the crime and the victim’s vulnerability were the primary factors in the sentencing.

In addition to the prison term, Bhagat has been fined Rs. 10,000.

This verdict underscores the legal principle that minors cannot provide valid consent in cases of sexual offenses and reaffirms the judicial system’s commitment to protecting vulnerable individuals.(PTK).