The Calcutta High Court’s Circuit Bench at Port Blair has dismissed an appeal against a POCSO conviction and upheld the 10-year rigorous imprisonment sentence imposed by the Special POCSO Court. The Bench also declined to extend the “Romeo-Juliet clause” to the case, noting that the victim had since married another person and had a child.
The judgment was delivered on August 25, 2026, by Justice Rajarshi Bharadwaj and Justice Reetobroto Kumar Mitra in Rupesh Beck v. The State and Anr., CRA(DB)/4/2025.
Background of the Case
According to the judgment, the victim was about 17 years and 10 months old when she met Rupesh Beck, who was 24, at a relative’s marriage ceremony in 2022. The two developed a friendship and later a relationship. The victim subsequently stayed with Beck in a rented house for a substantial period.
The judgment records that the two had a physical relationship beginning in December 2022. Later, the victim underwent a medical examination after experiencing health problems and was informed that she was pregnant. A complaint was thereafter made by the medical authorities, leading to registration of the FIR in May 2023.
The Special Judge under the POCSO Act found Beck guilty under Sections 5(j)(ii) and 5(l), read with Section 6 of the POCSO Act, and sentenced him to 10 years’ rigorous imprisonment.
High Court’s Observations
The High Court noted that the prosecution had examined 13 witnesses. Importantly, the appellant did not cross-examine the victim or her mother. The Court also considered the medical evidence, including the report prepared by the doctor who examined the victim.
The Bench held that the evidence concerning the relationship and physical intimacy remained substantially unchallenged.
“It is not in doubt that the victim’s testimony alone, if found reliable can be the basis of a conviction under POCSO. Once this is established, the legal presumption against the appellant sets in and can only be rebutted by leading appropriate evidence either by way of leading oral or presenting documentary evidence.”
The Court further held that the presumption under Section 29 of the POCSO Act applied in the circumstances and that the appellant had not produced evidence sufficient to rebut it.
Romeo-Juliet Clause Considered
The Bench also examined the “Romeo-Juliet clause” discussed by the Supreme Court in State of Uttar Pradesh v. Anurudh & Another. The Court observed that the concept is intended to address cases involving adolescent relationships between parties of similar age, but it has not yet been incorporated into the POCSO Act.
In the present matter, however, the victim had subsequently married another person, who had accepted her and her child. The High Court found that applying the clause would not be appropriate because it could disturb her existing family life.
“We are not inclined to apply the parameters of the ‘Romeo Juliet’ clause in this case as the facts did not support the same. This case is decided on the merit of the matter and not on the basis of any other parameters.”
Decision
Finding no contradiction or perversity in the Special Judge’s findings, the Calcutta High Court upheld the judgment and sentence dated April 15 and 16, 2024, respectively, and dismissed the appeal.
Pending applications were also disposed of, with directions for the trial court records to be returned.
Case Details:
- Case Title: Rupesh Beck v. The State and Anr.
- Case Number: CRA(DB)/4/2025; CRAN 2/2025
- Judge: Justice Rajarshi Bharadwaj and Justice Reetobroto Kumar Mitra
- Decision Date: August 25, 2026
