Home > Recent Judgements > Consensual Sexual Relations With A Minor Wife Is Rape: Bombay High Court
Nov 15, 2024
BACKGROUND
The case before the Bombay High Court involved a man appealing his conviction for the rape of a minor girl, with whom he allegedly had a relationship. According to the prosecution, the girl, who was below the age of 18, reported that the man had initially engaged in sexual relations with her through force, under the false pretence that he would marry her. Over time, she became pregnant, and the man, instead of marrying her formally, organized a symbolic marriage ceremony by exchanging garlands in the presence of neighbours, creating the impression that they were married. When she refused to terminate her pregnancy, he reportedly began mistreating her, including instances of physical assault, and subsequently disowned responsibility for the child she was carrying. The situation led the girl to return to her family and ultimately file a complaint, alleging that the man had sexually exploited her by deceit. The man, in his defence, argued that since he was recognized as her husband by her own admission, their relationship was consensual. However, the trial court found him guilty of rape, referencing the minor’s age, which made the defence of consent invalid under Indian law. His appeal challenged the trial court’s decision, arguing that the supposed marriage implied consensual intercourse. Nonetheless, the High Court upheld the conviction, reaffirming that any sexual act with a girl below 18 years of age, regardless of marital claims or consent, constitutes rape under the law, supported by concrete evidence including medical reports, birth records, and Deoxyribonucleic Acia (“DNA”) tests. The court dismissed the appeal, underscoring that the trial court had correctly assessed the evidence in its judgment.
ISSUES
- Whether a man can be convicted of rape for engaging in consensual sexual intercourse with his wife if she is below 18 years of age?
- Whether the marital status of a minor affects the applicability of statutory rape laws when the alleged victim is under 18 years?
- Whether the alleged marriage between the appellant and the minor victim can exempt the appellant from rape charges under the Protection of Children from Sexual Offences (“POCSO”) Act?
- Whether the evidence presented by the prosecution, including the victim’s age, DNA report, and other corroborative materials, supports the conviction for rape?
JUDGEMENT
The Nagpur bench of the Bombay High Court has recently ruled on a case where a man was convicted of raping his minor wife, despite him claiming the act was consensual because of their marriage. The court reasoned that, even if the woman is married, it does not matter because Indian law provides that any intercourse with a minor girl is rape. They emphasized the law’s strict provision that a marriage is not a defence to a charge of rape and that the legal age of consent is 18 years. The bench stated that there are no ways that the husband’s claims regarding the marriage can protect him against charges brought against him under the POCSO Act. In so doing, the bench relied on evidence such as medical records and the victim’s birth certificate that showed she was a minor at that time and dismissed the appeal and upheld the judgment of the trial court.
OBSERVATION
From the analysis in this incident, it is noted that the Bombay High Court is of the opinion that the marriage status of a wife does not prevent the application of Laws dealing with Rape of a girl child under the POCSO Act. The court noted any sexual interaction with a person who is below 18 years is and remains by law to be rape, regardless of whether she is married or alleged to have consented. The court dismissed the defendant’s argument that since he had married the minor there was implied consent. They stressed that neither purely ceremonial marriages nor assertions of mutual consent can defeat the legal protections of children under the POCSO Act.
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