In yet another landmark judgment, the Bombay High Court ruled that consensual sex with a minor wife is rape. The Nagpur Bench of the High Court made this statement while affirming a 10-year prison sentence for a man convicted in a similar case, after his wife accused him of rape, noting that no legal defense can be provided for this case under the India Law.
The Nagpur Bench of the High Court, under the helm of Justice GA Sanap, made it clear that any sexual intercourse with a girl below the age of 18 is rape, irrespective of being married or not. “It needs to be stated that sexual intercourse with a girl below 18 years of age is rape, whether she is married or not,” Justice Sanap said.
In fact, the court said that while defense of consensual sex can be brought, the wife or girl needs to be 18 years or more of age. “The defense of consensual sex with the wife is not available when the age of the wife or the girl, who is alleged to be the wife, is below 18 years of age,” the court stated.
Case Information and the Conviction
Thus, the facts would depict a case where the man had forcefully copulated with the minor and she eventually resulted in pregnancy. He went on and married her; however, the relationship progressed to violent levels. She filed a complaint of rape against the person, alleging that he was physically assaulting her and further forcing her to abort pregnancy.
Despite arguments by the man that the sexual relationship was consensual and that the woman was his wife, the court did not reverse the conviction since the victim was underage. “Even assuming, for argument’s sake, there was said to be a so-called marriage between them, it would amount to rape, in light of the allegations of the victim that it was sexual intercourse without her consent,” ruled the High Court.
DNA Evidence and Legal Precedent
In the above case, the court relied on the DNA report that proved that the accused and the victim were indeed the biological parents of the child born out of their relationship. This added strength to the case filed against the man because it supported the decree of the court in the High Court.
Justice Sanap’s statement noticed the law on minors and sexual consent: “In my view, this submission cannot be accepted for more than one reason. In this case, the prosecution has proved that the victim on the date of commission of the crime was below 18 years of age.”
Legal Implications
The judgment now further cements the interpretation of statutory rape laws in India, which insists that a minor cannot legally consent to sex or even marriage. This is an emphatic reiteration that highlights the need for protection of minors from such abuse and underlines the fact that legal age of consent is not something one can play with.
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