Sex With Minor Wife, Even If Consensual Is Rape: Bombay High Court.
The Bombay High Court recently ruled that having sex with a minor wife even if she consents is considered rape.
The Court’s verdict clearly stated that the legal age of consent in India is 18 years and any sexual activity below that age even if consensual is rape with sentencing the convict to 10 years.
This decision was made by the Nagpur Bench of the Court on November 15 which upheld a 10-year sentence for a man convicted of raping his minor wife. The Court’s verdict was delivered by Justice Govinda Sanap.
The case involved a man who had a three- to four-year relationship with a minor girl from Wardha, Maharashtra.
Despite her initial rejection of his advances he eventually gained her trust by offering her rides to and from work. He then coerced her into a sexual relationship, promising to marry her.
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However, after she became pregnant he pressured her to have an abortion and denied responsibility for the child.
The man also staged a mock wedding ceremony in the presence of some neighbours, but the victim later described the ceremony as a sham, devoid of legal validity or formalities.
The accused then turned abusive, subjecting the victim to physical violence and accusing her of infidelity. The victim eventually reported the matter to the Wardha police in May 2019 which further led to the man’s arrest.
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During the trial, the man claimed that the sexual relationship was consensual and that the victim was his wife. However, Justice Sanap rejected this argument stating that the prosecution had established the victim’s age as under 18 at the time of the offense.
The Court also noted that DNA testing confirmed the accused and the victim were the biological parents of the child born from their relationship.
Justice Sanap also said that marital rape exceptions under the Indian Penal Code (IPC) do not extend to minors. He stated, “Sexual intercourse with a girl below 18 is rape regardless of marital status.”
Justice Sanap also mentioned that the defence of consensual sex cannot be applied if the wife or alleged wife is under 18 years of age. The bench confirmed the conviction and 10-year sentence handed down by the lower court.
