Mumbai, November 15: In a landmark ruling, Bombay High Court said that consensual sex with a minor wife constitutes rape, and such a legal defence cannot be accepted under the law. The Nagpur Bench of the High Court upheld a 10-year sentence for a man against whom his wife had lodged a rape complaint.

According to a report published by Live Law, Justice GA Sanap emphasised that the age of consent is above 18 years, saying, "It needs to be stated that sexual intercourse with a girl below 18 years of age is rape, regardless of whether she is married or not." The court stressed that the defence of consensual sex with the wife is not available when the wife or the girl, alleged to be the wife, is below 18 years of age. HC on Rape: Married Woman Can’t Claim She Was Raped on Pretext of Marriage, Says Bombay High Court While Granting Bail to Man Arrested in Rape Case.

Consensual Sex With Minor Wife Is Rape, Rules Bombay HC

The bench upheld the conviction and 10-year sentence of rigorous imprisonment for the accused, as handed down by a lower court. According to case details, the man engaged in forcible sexual intercourse with the complainant, resulting in pregnancy. He later married her, but their marital relationship deteriorated, prompting the woman to file a complaint against him.

The Couple Were in Relationship Before Marriage

The High Court noted that even if there was a so-called marriage, the allegations made by the victim that it was sexual intercourse against her consent would constitute rape. The accused was a neighbour of the survivor when she resided in Maharashtra’s Wardha with her family. They had been in a romantic relationship for 3-4 years before the 2019 complaint, but the survivor had consistently rejected the accused's advances for physical intimacy. Mumbai: Accused of Rape by Partner, Man Produces ‘Live-In Relationship Agreement’ to Get Bail; Police Launch Probe to Verify ‘Relationship Pact’.

'Farce Marriage and Harassment That Followed'

Due to financial constraints, the survivor moved to a nearby town for work. The accused followed her, offering rides to and from her workplace, and eventually coerced her into a sexual relationship, resulting in her pregnancy. Initially, the accused promised to marry the survivor and staged a "farce marriage" ceremony in a rented room with some neighbours present. However, his behaviour turned abusive, involving physical assaults and pressure to undergo an abortion. He later denied paternity, accusing her of having a child with another man.

Unable to endure the abuse, the survivor filed a police complaint in May 2019, leading to the accused's arrest. In his defence, the accused claimed that the sexual relationship was consensual and that the survivor was his wife. However, Justice Sanap observed, "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."

The bench also noted that the DNA report confirmed the accused and the victim as the biological parents of the male child born from the relationship.

(The above story first appeared on LatestLY on Nov 15, 2024 11:05 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).