"Classic Romeo-Juliet Case": Sikkim High Court Expresses Helplessness Over Mandatory 20-Year POCSO Sentence For Consensual Romantic Relationship
The survivor-a 15-year-old girl in her testimony had explained that the appellant-a 22-year-old man had applied sindoor potey as a customary symbol of marriage, and that the union had resulted in the birth of a daughter.
The Sikkim High Court has affirmed a 20-year rigorous imprisonment sentence awarded to a 26-year-old man under the Protection of Children from Sexual Offences (POCSO) Act, 2012, while observing that despite the matter being a classic case of Romeo-Juliet, the High Courts lack the plenary powers necessary to interfere with statutory minimum sentences in consensual adolescent relationships.
Pertinently, in her testimony, the survivor, who was 15 years old at the time of the incident, explained that the relationship was entirely consensual. Further that the appellant had applied sindoor potey as a customary symbol of marriage, and that the union had resulted in the birth of a daughter. DNA profiling subsequently confirmed the appellant's paternity. Despite these uncontroverted facts showing a voluntary domestic relationship between two young individuals, the Court observed that under the POCSO framework, a minor's consent is entirely legally void, leaving judges with zero statutory discretion to reduce the mandatory 20-year sentence.
A Division Bench comprising Chief Justice A. Muhamed Mustaque and Justice Bhaskar Raj Pradhan observed, “…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 survivor (P.W.6) admitted during her cross-examination that they had also performed customary ‘sindoor potey’. The evidence establishes that they have a child out of this relationship. 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”.
Advocate Gita Bista appeared for the appellant and Pema Bhutia, Assistant Public Prosecutor appeared for the respondent.
According to the alleged facts, the appellant and the survivor developed a romantic relationship in October 2021 when the survivor was a student of Class VIII. In 2022, she eloped with the appellant to Gangtok. During trial proceedings, the survivor stated that the relationship was entirely consensual, that the appellant had performed a customary marriage ceremony (sindoor potey), and that they subsequently had a child together.
However, based on official birth records, school registers, and hospital documentation, the trial court determined that the survivor was 15 years old at the time of the incident, placing her under the statutory definition of a "child" under Section 2(d) of the POCSO Act.
The Special Judge convicted the appellant under Sections 5(j)(ii) and 5(l), punishable under Section 6 of the POCSO Act, imposing a minimum sentence of 20 years' rigorous imprisonment.
In appeal, defense counsel argued against the age determination of the survivor, but the High Court found that the prosecution had conclusively established her minority using public registers and statutory birth certificates.
Cause Title: Bishnu Chettri @ Aditya v. State of Sikkim (Criminal Appeal No. 18 of 2025)
Appearances:
Appellant: Gita Bista, Advocate (Legal Aid Counsel)
Respondent: Pema Bhutia, Assistant Public Prosecutor.