Proof of Minority in POCSO Cases Overrides Consent in Romeo-Juliet Scenarios: Sikkim HC

The Sikkim High Court has reinforced the absolute nature of age determination in sexual offence cases, ruling that even a consensual 'Romeo-Juliet' relationship involving a minor must culminate in a conviction under the strict statutory framework of the POCSO Act. The Bench emphasized that a validly issued birth certificate carries a presumption of correctness that cannot be overlooked by romantic claims or customary marriage symbols.

A Division Bench comprising Chief Justice A. Muhamed Mustaque and Justice Bhaskar Raj Pradhan adjudicated upon a criminal appeal where a 22-year-old man was sentenced to 20 years of rigorous imprisonment despite the survivor's testimony regarding their consensual relationship and marriage.

Strict Adherence to Age Determination Protocols

The Sikkim High Court scrutinized the evidentiary value of the survivor's birth certificate and related records. The prosecution relied on the birth certificate issued under Section 12 of the Registration of Births and Deaths Act, 1969, which was corroborated by the School Admission Register and the hospital's Live Birth Register. The Bench observed that the defense failed to lead any evidence to rebut the presumption of minority.

The Sikkim High Court exclaimed that "Whenever an accused is charged for an offence under the POCSO Act, it is incumbent upon the prosecution to establish that the victim was a child at the time of the offence. The prosecution has established this fact by producing the original birth certificate (exhibit P2/P.W.2), which is a public document and carries with it a presumption of correctness. It is issued under section 12 of the Registration of Births and Deaths Act, 1969 read with Rule 8/13 of the Sikkim Registration of Births and Deaths Rules, 1999. The defence has led no evidence to rebut the presumption."

The 'Romeo-Juliet' Conundrum and Judicial Restraint

While acknowledging the consensual nature of the relationship and the existence of a child from the union, the Court highlighted the rigid statutory mandates. The Bench noted that the survivor admitted to performing "sindoor potey" and having a romantic relationship, yet these facts do not absolve the accused under the Protection of Children from Sexual Offences Act, 2012.

Regarding the sentencing, the Sikkim High Court stated: “We find that the learned Special Judge has imposed a minimum sentence prescribed under section 6 of the POCSO Act. We, therefore, confirm the sentence. However, we are still faced with a situation, like in many such cases of an adolescent survivor (P.W.6) involved in a consensual physical relationship with an adult accused who was around 22 years at the time of the offence. ... The sentences imposed upon the accused sends him to prison for 20 years which is almost a life time. We have no Plenary Powers akin to power of Supreme Court, to interfere with the conviction as this is a classic case of Romeo-Juliet as evident from the evidence in the matter.”

Background

The case arose when the survivor’s sister lodged an FIR on December 22, 2022, after discovering that the survivor, a Class VIII student, had eloped. The investigation revealed that the accused and the survivor had a romantic relationship, during which they lived together in Gangtok and had physical relations. DNA testing conducted by the Central Forensic Science Laboratory confirmed that the accused was the biological father of a child born to the survivor in April 2023. The Special Judge, Gangtok, convicted the accused under Section 6 of the Protection of Children from Sexual Offences Act, 2012, sentencing him to 20 years of rigorous imprisonment and a fine. The appellant challenged this before the High Court, primarily contesting the proof of the survivor's age. The Sikkim High Court, after reviewing the Live Birth Register and school records, upheld the conviction, finding that the survivor was indeed a minor (15 years old) at the time of the offense.

Case Details:
Case No.: Criminal Appeal No. 18 of 2025
Case Title: Bishnu Chettri Alias Aditya vs. State of Sikkim
Appearances:
For the Petitioner(s): Ms. Gita Bista, Advocate (Legal Aid Counsel)
For the Respondent(s): Ms. Pema Bhutia, Assistant Public Prosecutor

Source: 2026 CaseBase(SIK) 70