Consent of Minor Girl is not even a mitigating Circumstance to reduce the Sentence in Rape Case; Delhi HC [Read Judgment]

Delhi High Court Today has held that since the consent of a girl below the age of 16 years is immaterial, the same cannot be treated as a mitigating circumstance so as to award a sentence lesser than 7 years rigorous imprisonment.It is argued on behalf of the Accused that the fact that the prosecutrix was in love with the Accused is evident from her letters written which have been proved. Delhi High Court Today has held that since the consent of a girl below the age of 16 years is immaterial, the same cannot be treated as a mitigating circumstance so as to award a sentence lesser than 7 years rigorous imprisonment. Since the consent of a girl below the age of 16 years is immaterial, the same cannot be treated as a mitigating circumstance so as to award a sentence lesser than 7 years rigorous imprisonment however on the facts and circumstances of the case, the sentence of Rigorous Imprisonment for 10 years for offence punishable under Section 376 IPC and Rigorous Imprisonment for 7 years each for offences punishable under Sections 363 and 366 IPC is on the higher side. Justice Mukta Gupta has also dismissed the application filed by the Accused for modification of the order on sentence praying that he be released on the sentence already undergone, holding that as per Section 376 IPC, the minimum sentence prescribed for the offence of rape of a minor below 16 years is 7 years and hence the sentence of the appellant cannot be reduced to the period already undergone.