'If wife is a minor, then consensual s*x is rape'!!!
The bombay high court, while giving an important verdict, said that if the wife is a minor, then consensual physical relationship with her is also rape. A rape case can be registered against a person who has consensual sex with his wife under the age of 18. The nagpur bench of the bombay high court upheld the conviction of the person who was sentenced to 10 years imprisonment in this case. Along with this, in an order passed on november 12, the petition of a 24-year-old man was dismissed, which challenged the 2021 decision of the Sessions Court. The Sessions court had convicted the accused under the provisions of the Protection of Children from Sexual Offences Act (POCSO) and the indian Penal Code (BNS) for sexually assaulting his minor wife and sentenced him to 10 years imprisonment.
The court gave this verdict
The convict argued that sexual relations with the victim were consensual and she was his wife at that time. In such a situation, it cannot be called rape. But the high court said that if the wife is under 18 years of age, then the defense cannot be made on the basis of consensual sex with her. The bench said, having sex with a girl under 18 years of age is rape. Whether she is married or not. Having sex without consent with a wife under 18 years of age is rape.
What did the woman say in the complaint?
In fact, a woman had said in her complaint lodged in 2019 that she was in a relationship with the accused, but despite her refusal, he raped her and made her pregnant. The complaint further stated that after this both started living together and they got married, but the man insisted on getting an abortion. The woman alleged that the man raped her several times in the name of marriage and physically tortured her. The court said that the woman gave birth to a child and according to dna tests, the accused and the woman are biological parents. The man, in his petition, declared himself innocent and said that the complainant is his wife, hence the physical relationship between them cannot be termed as rape and this relationship was consensual.