Having consensual sex with a minor wife is also rape- Bombay High Court's big decision; know the whole case

It is alleged that the neighbour first trapped the minor in a love trap and then forcibly had physical relations with her. When she became pregnant, he got married at home and then started beating her.

The Bombay High Court, while giving an important verdict, said that if the wife is a minor, then consensual sex with her is also rape. The court said that 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 convict in the case. The convict argued that the sexual relationship with the victim was consensual and she was his wife at that time. In such a situation, it cannot be called rape.

The court upheld the sentence

According to the report of 'Live Law', in the order issued on November 12, the judge said, 'In view of the law laid down by the Supreme Court, it cannot be accepted that the appellant's sexual relationship with the victim wife will not be considered rape or sexual violence. He said that having sex with a girl under 18 years of age is rape, whether she is married or not.' The bench upheld the sentence given to the accused by the lower court and rigorous imprisonment of 10 years.

What is in the complaint?

Let us tell you that the accused forcibly had sex with the complainant, after which she became pregnant. Later he married her. However, their marital relationship did not go well and the woman lodged a complaint of rape. The High Court said, 'Even if for the sake of argument it is assumed that there was a so-called marriage between them, the victim alleged that her consent was not taken before having sex and hence it would be considered rape.'

What is the whole matter?

The accused was the victim's neighbour when she lived with her father, sisters and grandmother in Wardha, Maharashtra. The accused and the victim were in a romantic relationship for 3-4 years before the 2019 complaint. However, the victim had repeatedly denied the accused's pressure to have a physical relationship. Due to her family's financial difficulties, the victim moved to a nearby city for work. The accused followed her and offered to drop her to her workplace and then forcibly had sex with her, taking advantage of her. She then became pregnant.

Assault after marriage

According to the allegations, the accused initially promised to marry the victim and organised a 'fake wedding' ceremony in a rented room in the presence of some neighbours. However, he then started beating the victim and forcibly asked her to have an abortion but the victim refused. He also alleged that the child growing in her womb was someone else's. The victim then lodged a complaint with the police in May 2019 and the accused was arrested. In his defence, the accused claimed that the sexual intercourse was consensual and the victim was his wife.