The Bombay High Court at Goa has upheld the conviction of a 34-year-old man for kidnapping and sexually assaulting a 16-year-old girl, ruling that the minor’s consent has no legal value under the Protection of Children from Sexual Offences (POCSO) Act.
Justice Shreeram V. Shirsat dismissed the criminal appeal filed by Shobhit Kumar, confirming the 10-year rigorous imprisonment awarded by the Fast Track Special Court in Panaji.
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Background of the Case
The case began on December 11, 2021, when the mother of a 16-year-old girl reported her missing from a construction site in Curca, Goa, where they were living. The girl had stepped out saying she was going to buy a balm and a cold drink but never returned.
The complaint was initially registered against an unknown person. During investigation, police traced the girl to Ahmedabad, where she was found staying with the accused.
The trial court later convicted Shobhit Kumar under Sections 363 (kidnapping) and 376 (rape) of the Indian Penal Code, along with Section 4 of the POCSO Act. He was sentenced to 10 years’ rigorous imprisonment for rape and penetrative sexual assault, and three years for kidnapping.
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What the Victim Told the Court
During the trial, the victim stated that she knew the accused as he worked as a security guard at the same construction site. She admitted that they were in contact over mobile phone and social media.
However, she also told the court that when her mother decided to send her to Karnataka, the accused asked her to run away with him. She said he threatened to commit suicide if she did not meet him at the Panaji bus stand.
Out of fear, she left with him. They travelled to Ahmedabad, where they stayed together. She testified that the accused had sexual intercourse with her during that period.
The High Court noted that her testimony remained consistent during cross-examination and was also recorded under Section 164 of the Criminal Procedure Code before a magistrate.
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Medical Evidence and Age Proof
Doctors who examined both the accused and the victim were produced as witnesses. The gynaecologist who examined the girl stated that there was evidence of vaginal penetration and old healed hymenal tears.
The school headmistress also confirmed the birth certificate of the girl, proving she was 16 years and 9 months old at the time of the incident.
The defence argued that the relationship was consensual and that there were flaws in the investigation. It was also claimed that WhatsApp and Instagram chats were not properly examined.
Court’s Observations
Justice Shirsat carefully examined several judgments cited by the defence, including cases where courts had acquitted accused persons due to inconsistencies or lack of medical support.
However, the court found that the present case stood on different footing.
“The testimony of the victim is consistent, cogent and trustworthy,” the judge observed while distinguishing earlier rulings relied upon by the defence.
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The High Court made it clear that even if the girl had agreed to accompany the accused, her consent was legally irrelevant because she was below 18 years of age.
The court further noted that minor lapses in investigation do not automatically result in acquittal unless prejudice is shown.
Final Decision
After re-evaluating the entire evidence, the High Court held that the prosecution had proved the case beyond reasonable doubt.
The appeal was dismissed. The conviction under Sections 363 and 376 of IPC and Section 4 of the POCSO Act was confirmed, along with the sentence imposed by the trial court.
Case Title: Shobhit Kumar v. State
Case No.: Criminal Appeal No. 318 of 2023-F
Decision Date: 16 February 2026
