Bombay High Court Rules Consensual Sex With Underage Wife As 'Rape'
Date
11/15/2024 2:00:33 AM
(MENAFN- Live Mint) The Bombay High Court of the Nagpur bench recently ruled that a man can be charged with rape even if he engages in consensual sexual intercourse with his wife who is under 18 years of age.
In its order, Single-judge Justice Govind Sanap judge stated,“In view of the law laid down by the Apex Court, intercourse by the appellant with the victim being his wife would not constitute rape or penetrative sexual assault, cannot be accepted. It needs to be stated that the sexual intercourse with a girl below 18 years of age is rape regardless of whether she is married or not," as quoted by LiveLaw.
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The single-judge Justice dismissed the man's claim that the victim's sexual relations with him were voluntary and could not be considered rape because she was his wife at the time.
As per the Livelaw report, the judge was hearing an appeal filed by the man who challenged the September 9, 2021 judgment of Wardha district's trial court. At that time, the trial court had convicted him of rape and under the provisions of the Protection of Children from Sexual Offences (POCSO) Act.
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In another incident, on November 14, a Delhi court sentenced a 28-year-old man to rigorous imprisonment of 20 years for raping an eight-year-old girl in 2016. Additional Sessions Judge Babita Puniya was hearing the arguments on sentencing against the man, who was convicted under Section 376 (2) (rape of a girl under 16 years of age) of the IPC.
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Special Public Prosecutor Sharawan Kumar Bishnoi sought maximum punishment for the heinous act. "Rape of a child is atrocious. Children are the most precious asset of any society. It is the duty of society to not only protect them from sexual violence and predation but also to keep them happy," the court said in its verdict dated November 11.
(With inputs from PTI)
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