Supreme Court: <\/b>In the present case, where the appellant was convicted under Sections 363, 366 and 376 of IPC for coaxing a minor girl into marriage and subsequent physical relationship, the Division Bench of Dipak Misra and Dr. A.K. Sikri, JJ., denied the appellant\u2019s request for reduction of his sentence on the grounds that, consent of a minor girl for sexual intercourse does not amount to consent at all, because at the young age of 16 a girl can be easily lured into taking such actions without a second a thought towards the future implications. Therefore, consent given by a minor for sexual intercourse cannot act as a mitigating circumstance for reduction of sentence in a rape case, for even if consent of a minor girl exists, the other partner in the sexual act is treated as a rapist under Section 375 (Sixthly) of IPC. The Court further added that if minor girl\u2019s consent is considered as a mitigating circumstance, then the future consequences of such observation might be severe. <\/p>\n
In the present case, where the offence took place in the year 1993 when the prosecutrix was a minor, the appellant was held guilty by the Trial Court, which was later affirmed by the High Court. The appellant pleaded before the Court that as a result of a love affair between the appellant and the prosecutrix the sexual intercourse between them was consensual. The appellant further pleaded that at present the prosecutrix is happily married whereas the appellant is a poor man and the sole breadwinner for his family, therefore as a mark of sympathy, his sentence should be reduced. The respondents were represented by Hemantika Wahi. Mohan Pandey assisted the Court in absence of the appointed amicus curaie<\/i>.<\/p>\n