The Delhi High Court has reduced the sentence of a man convicted in a 2009 sexual offence case to the period of imprisonment already undergone, taking into consideration the circumstances surrounding the relationship between the accused and the complainant, who was a minor at the time of the incident.
The court noted that the complainant had tattooed the name of the accused, who was then 18 years old, on her chest and had voluntarily accompanied him on trips outside Delhi, including to Manali. The court also took note of the fact that both the accused and the complainant are now married and living with their respective spouses.
The accused had accepted his conviction and sought only a reduction in sentence. The High Court observed that the sexual relationship with a minor had been established, while the complainant had expressed that she did not wish to contest the matter further. The court also noted that the accused had no previous criminal antecedents and had already undergone a substantial period of custody.
Justice V.K. Yadav observed that, considering the circumstances of the case, sending the accused back to prison would not serve the ends of justice. The court also referred to the broader issue of close-in-age relationships involving young persons and the concept of a “Romeo-Juliet” exception, which has been recognised in some jurisdictions and has previously been discussed in the context of Indian law.
The case nevertheless involved a complainant who was a minor at the relevant time, and the High Court identified her age as the principal factor weighing against the accused. The ruling therefore highlights the complex sentencing considerations that can arise in cases involving relationships between young persons where one party is below the legally prescribed age of consent.