Thane Court Rejects 'Love Affair' Argument, Sentences Man to 20 Years for Raping Minor Girl

A special Protection of Children from S*xual Offences (POCSO) court in Thane has sentenced a 30-year-old man to 20 years of rigorous imprisonment for the repeated s*xual assault of a minor girl between 2021 and 2022. In the ruling delivered on Monday, June 29, Special Judge Premal Vithalani dismissed the defence's argument of a consensual love affair, reiterating that a child's consent is completely irrelevant under Indian legal frameworks.

Conviction and Sentencing Details

The court convicted the accused, identified as Dhaneshwar, alias Dhuleshwar Pujiyalal Kalasuva, under Section 376(2)(n) (repeated rape) of the Indian Penal Code (IPC) and Section 6 (aggravated penetrative s*xual assault) of the POCSO Act. Alongside the 20-year prison sentence, the judge ordered Kalasuva to pay a fine of INR 5,000, which will be directly awarded to the victim as financial compensation. Thane Shocker: Suspicious of Wife, Man Kills Her by Smashing Her Head With TV Set in Kalyan Taluka; Arrested.

The prosecution successfully built its case by examining seven witnesses during the trial. However, the court acquitted Kalasuva of separate kidnapping charges. The judge noted that the essential legal criteria for "taking" a minor from lawful guardianship were not met, as evidence indicated the victim had accompanied him voluntarily to his native village to get married and avoid family intervention.

Case Background and Investigation

The legal proceedings stemmed from a First Information Report (FIR) registered in July 2022 at the Kapurbawadi police station. The encounter began in the Majiwada area of Thane, where the victim sold sprouts next to a tea stall operated by the accused, who was 26 years old at the time. The minor had previously informed her mother that she was in a relationship with Kalasuva, who established physical relations with her between June 2021 and June 2022.

The situation escalated when the pair eloped to Kalasuva's native village in Rajasthan. Following the minor's return to Thane, a medical examination revealed she was 20 weeks pregnant. The pregnancy was subsequently terminated at the Civil Hospital in Thane. Forensic teams utilised DNA profiling from the fetus to establish Kalasuva as the biological father, providing critical scientific evidence for the prosecution. Thane Court Rejects ‘Compromise’ Affidavit by Survivor in Rape Case; Know Why Accused’s Bail Was Denied.

Court Rejects Defence Plea of Mutual Consent

During the trial, defence counsel G. P. Gholap advocated for a minimum punishment, pointing to the supposedly consensual nature of the relationship and Kalasuva's impoverished financial condition. Judge Vithalani systematically dismantled the defence's rationale, emphasising that the statutory age threshold creates an absolute legal barrier regardless of the minor's emotional alignment. "Section 375 of IPC shows that when the girl is below 18 years of age, even if s*xual intercourse is with her consent, it would amount to rape," the court observed. "Similarly, under the POCSO Act, when the victim is below 18 years, her consent for s*xual intercourse is immaterial. Once it is established that the victim was a child, the consent of the victim is immaterial," the court added.

Women and Child Helpline Numbers:

Childline India – 1098; Missing Child and Women – 1094; Women’s Helpline – 181; National Commission for Women Helpline – 112; National Commission for Women Helpline Against Violence – 7827170170; Police Women and Senior Citizen Helpline – 1091/1291.

(The above story first appeared on LatestLY on Jul 01, 2026 03:53 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).