The Bombay High Court has given an important decision stating that even consensual sexual intercourse with a minor wife is considered rape and such an act cannot be accepted under the law. The Nagpur High Court Bench made this comment while confirming the 10-year jail sentence imposed on a man against whom his wife had filed a rape complaint.
Describing the age of consent as above 18 years, Justice GA Sanap’s bench said: “It is necessary to state that sexual intercourse with a girl below 18 years constitutes rape, whether she is married or not.”
‘Consent, not a loophole…’
The High Court stressed that “when the allegedly married girl is below 18 years of age, having consensual sexual relations with her is not a defence.” The court upheld the 10-year rigorous imprisonment sentence imposed on the accused by the trial court. According to the information, the man had forced sexual relations with the girl he reported, after which she became pregnant. He later married her. Subsequently, their marital relationship deteriorated and the woman filed a complaint against the man.
The High Court said: “Even if it is assumed, for the purpose of argument, that there was an alleged marriage between them, in view of the allegations made by the victim that it was a sexual relationship without her consent, it would amount to rape.” . “.
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The couple was in a relationship for many years.
The victim lived in Wardha, Maharashtra and the accused was his neighbor. The victim lived with his father, sisters and grandmother. The defendant and the victim were in a romantic relationship for 3 or 4 years prior to the 2019 complaint. However, the victim repeatedly rejected the defendant’s offers of physical intimacy.
According to the victim’s allegations, the accused initially promised to marry the girl and organized a “fake marriage” ceremony in a rented room in the presence of some neighbors. However, his behavior towards her became abusive, including physical attacks and pressure to have an abortion. The accused subsequently denied paternity and accused the girl of having a child by another man.
What did the defendant say in his statement?
The victim filed a police report in May 2019, after which the accused was arrested. In his defense, the accused alleged that the sexual relations were consensual and that the victim was his wife. However, Judge Sanap said: “In my opinion, this argument cannot be accepted for more than one reason. In this case, the prosecution has proven that the victim was under 18 years of age on the date of the crime.”
The court said the DNA report confirmed that the accused and the victim are the biological parents of the child born from this relationship.
