New Delhi: The Supreme Court of India has upheld the conviction of a man sentenced for the rape of a 15-year-old girl, firmly reiterating the legal position that the consent of a minor victim for sexual intercourse is legally irrelevant and immaterial.
A Bench of Justices Manoj Misra and Vipul M. Pancholi dismissed the appeal filed by the accused, Varun Kumar alias Sonu, challenging the judgment of the Himachal Pradesh High Court. The High Court had overturned the trial court's acquittal and sentenced the accused to seven years' rigorous imprisonment along with a fine of ₹20,000.
The judgment was passed on October 14, 2025, in the matter titled Varun Kumar alias Sonu vs The State of Himachal Pradesh & Ors. (Criminal Appeal No. 1295 of 2018).
Arguments Before the Apex Court
The prosecution’s case stemmed from an FIR lodged on February 28, 2007, involving a minor girl aged 15 years at the time of the incident.
The appellant's counsel argued that the High Court erred by relying on the victim’s testimony, contending that she could not be termed a “sterling witness.” The defence further submitted that where contradictions exist between medical evidence and ocular evidence, the benefit of the doubt should accrue to the accused. Crucially, the defence did not dispute the victim’s age (15 years) as conclusively determined by the trial court.
The State Counsel countered, maintaining that the victim consistently supported the prosecution’s case, giving a clear deposition detailing specific allegations of rape and anal intercourse. The State emphasized that the medical evidence corroborated her account by not ruling out the possibility of sexual intercourse.
Court Finds Victim a ‘Sterling Witness’
After examining the records, the Bench agreed with the State. The Supreme Court first affirmed the reliability of the victim’s statement:
“From the evidence given by the victim, we are of the view that the victim can be termed as a sterling witness,” the court stated, noting that the medical examination reports did not contradict her detailed account of the assault.
On the core legal issue of consent, which was implicitly raised by the defence's arguments concerning the victim's willingness, the Bench delivered a decisive observation:
“Even assuming that the victim had wilfully volunteered to sexual intercourse, this aspect becomes immaterial, as the victim was a minor on the date of the incident,” the Bench held.
Concluding its findings, the Supreme Court held that the High Court had correctly interfered with the acquittal order passed by the trial court, observing that the view taken by the High Court, leading to the conviction, was the “only possible view” based on the clear evidence on record. The appeal was subsequently dismissed, confirming the seven-year sentence imposed by the High Court.
Case Title: Varun Kumar alias Sonu vs The State of Himachal Pradesh & Ors.
Bench: Justices Manoj Misra and Vipul M. Pancholi
Judgment Date: October 14, 2025
JUDGEMENT LINK :
https://api.sci.gov.in/supremecourt/2018/9210/9210_2018_6_1501_65016_Judgement_14-Oct-2025.pdf