A person’s consensual sexual activity along with his spouse, if she is under the age of 18 years, can get him booked for the offence of rape, regardless of the spouse’s consent, the Bombay excessive courtroom mentioned in a serious ruling on November 12.
Single-judge bench of Justice Govind Sanap was listening to a legal enchantment filed by a person difficult a September 9, 2021 verdict of a trial courtroom in Wardha district, which convicted him underneath expenses of rape and provisions of the Safety Of Kids from Sexual Offences (POCSO) Act.
Upholding the conviction, Justice Sanap rejected the person’s argument that the sexual activity with the sufferer was consensual and can’t quantity to rape since she was his spouse on the related time.
Stating that the age of consent is above 18, justice Sanap mentioned, “It must be acknowledged that sexual activity with a woman under 18 years of age is rape, no matter whether or not she is married or not”.
“In view of the legislation laid down by the Apex Courtroom, intercourse by the appellant with the sufferer being his spouse wouldn’t represent rape or penetrative sexual assault, can’t be accepted. It must be acknowledged that the sexual activity with a woman under 18 years of age is rape no matter whether or not she is married or not,” LiveLaw quoted the choose as saying within the order.
What Bombay HC mentioned
Justice Sanap mentioned the defence of consensual intercourse with the spouse shouldn’t be accessible, when the age of the spouse or the woman who’s alleged to be the spouse is under 18 years of age. Non-consensual intercourse with a spouse, who’s under 18 years of age, is a rape, the choose added.
In view of the Supreme Courtroom ruling, the choose mentioned that on this the defence of consensual intercourse with the spouse can’t be accepted. “Even whether it is assumed for the sake of argument that there was so known as marriage between them, in view of the allegations made by the sufferer that it was sexual activity towards her consent, it might represent rape,” the choose was quoted as saying.
The person whose legal enchantment was being heard by the Bombay excessive courtroom was arrested on Could 25, 2019 after the complainant, a minor woman, who was 31 weeks pregnant again then, lodged a case towards him. The woman alleging that they have been in a love affair and that man had forcible sexual activity together with her, including that he afterward continued with the identical on a false promise of marriage.
The woman then conceived and requested the person get married to her, nonetheless, he carried out one thing that was extra of a fraud. The person rented a home and, within the presence of neighbours there, exchanged garlands with the woman, making her imagine that she was his spouse, as per the LiveLaw report.
Nonetheless, the person then began insisting the woman to terminate the being pregnant. The person assaulted her after she refused abortion. She then went to her dad and mom’ home and man assaulted her twice there as effectively.
The woman then realised that the person carried out a fraudulent marriage and sexually exploited her.
