Upholding a 10-year prison sentence for the accused, Justice GA Sanap highlighted that any sexual activity with a girl under 18 is deemed rape, regardless of marital status.
Bombay: The Bombay High Court’s Nagpur Bench ruled that engaging in consensual sexual relations with a minor wife is legally considered rape, with no legal defense for such actions.
Upholding a 10-year prison sentence for the accused, Justice GA Sanap highlighted that any sexual activity with a girl under 18 is deemed rape, regardless of marital status.
He asserted, “The defense of consensual sex with the wife is invalid if the wife or alleged wife is under 18.”
BRIEF FACTS
The case involved a man convicted of forcible sexual intercourse that led to the victim’s pregnancy. Initially, he married her, but the marriage quickly deteriorated, prompting the woman to file a rape complaint.
The accused had been her neighbor in Wardha, Maharashtra, and had pursued her romantically for several years despite her rejection of his advances. After she moved to a nearby town for work, he followed, providing rides and pressuring her into a sexual relationship, resulting in her pregnancy.
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He arranged a “sham marriage” witnessed by neighbors, but his behavior soon became abusive, pressuring her to abort and eventually denying paternity.
Following ongoing abuse, the survivor lodged a police complaint in May 2019, leading to his arrest. The accused defended himself by claiming that their relationship was consensual and she was his wife.
However, Justice Sanap rejected this, stating, “The prosecution has demonstrated that the victim was under 18 at the time of the offense.”
A DNA report also confirmed the accused’s paternity of the child born from the relationship.
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