Failure of Minor Victim to Raise Alarm Not Indicative of Consent: Uttarakhand High Court

The Uttarakhand High Court upheld a conviction under the POCSO Act, holding that a minor victim’s failure to raise alarm or attempt escape cannot be treated as indicative of consent or voluntariness.

The Court reiterated that once the victim’s minority is established, consent becomes legally irrelevant under the POCSO Act.

It further observed that different victims may react differently to traumatic situations and their conduct cannot be judged through rigid assumptions.

Rejecting arguments based on minor inconsistencies in testimony and absence of conclusive medical evidence, the Court held that the prosecution had proved the charges beyond reasonable doubt and affirmed the conviction and sentence.

[Sagar Ray v. State of Uttarkhand]