Consensual Sex With Minor Wife Is Rape: Bombay HC Upholds 10-Year Jail For Man

In a landmark ruling, the Bombay High Court has recently confirmed that sexual intercourse with a minor wife under the age of 18, regardless of consent, constitutes rape.

Justice Govind A. Sanap of the Nagpur Bench upheld the 10-year sentence of a 24-year-old man convicted in 2019 for raping his minor wife, rejecting the defense of ‘consensual sex within marriage.’

The court referred to the Supreme Court’s legal framework, stating that sexual intercourse with a girl below 18 is always considered rape, irrespective of marital status. “The defence of consensual sex with a wife is not available when the wife is under 18 years of age,” said Justice Sanap in the ruling passed on November 12, 2024.

The case involved the accused, who had been in a relationship with the victim for four years, after which he coerced her into sexual intercourse, resulting in pregnancy. When she requested marriage, he staged a fake ceremony in a rented room with a few neighbors.

Later he forced her to abort, which she refused, and began to abuse and physically assault her.

The victim eventually discovered the marriage was not legitimate and reported the abuse to the Child Welfare Committee (CWC). Evidence, including the child’s birth certificate and a DNA report, supported her testimony.

The accused argued that the sexual intercourse was consensual because they were married, challenging his conviction under the Protection of Children from Sexual Offences (POCSO) Act and the Indian Penal Code.

However, Justice Sanap rejected the argument, emphasizing that the victim was underage and had not consented. The court found no fault with the sessions court’s judgment, which had already convicted him based on solid evidence.

The High Court’s ruling reiterates the legal stance that sexual intercourse with a minor wife constitutes rape, reinforcing the protection of children from sexual exploitation under the law.

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