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Home Law

‘Consensual sex with…..’: Bombay HC upholds rape sentence

The Bombay High Court has declared that engaging in consensual intercourse with an underage spouse is considered as rape, and the legal argument for this cannot be utilized according to the law. The Nagpur Bench of the High Court upheld a 10-year sentence for a man accused of rape by his wife.

Prashant Bhardwaj by Prashant Bhardwaj
15 November 2024
in Law
7
‘Consensual sex with…..’: Bombay HC upholds rape sentence

BOMBAY HIGH COURT

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The Bombay High Court has declared that engaging in consensual intercourse with an underage spouse is considered as rape, and the legal argument for this cannot be utilized according to the law. The Nagpur Bench of the High Court upheld a 10-year sentence for a man accused of rape by his wife.

Justice GA Sanap stated that if a girl is under 18, having sexual intercourse with her is considered rape, even if she is married.

“Consensual sex with a wife or an alleged wife under the age of 18 cannot be used as a defense,” the High Court stressed.

The judges affirmed the guilty verdict and 10-year prison term for the defendant, as given by a lower court.

Based on the case information, the man had non-consensual intercourse with the complainant, leading to her pregnancy. He eventually took her as his wife. Nevertheless, their marriage began to deteriorate, causing the woman to lodge a complaint against him.

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“Even if it is assumed for the sake of argument that there was a so-called marriage between them, in view of the allegations made by the victim that it was sexual intercourse against her consent, it would constitute rape,” the High Court said.

The defendant lived next door to the victim during her time in Wardha, Maharashtra, where she resided with her father, siblings, and grandmother.

The defendant and the victim were romantically involved for 3-4 years prior to the 2019 allegation. Nevertheless, the survivor had continually refused the accused’s attempts for a physical relationship.

Because of their family’s financial limitations, the survivor relocated to a neighboring town to find employment. The defendant trailed her, giving her rides to work, and ultimately pressured her into a sexual affair, leading to her becoming pregnant.

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At first, the accused agreed to wed the victim and organized a fake wedding ceremony in a leased space with a few neighbors in attendance, as claimed. Nonetheless, he started treating her abusively, which included physically attacking her and pressuring her into having an abortion. He ultimately rejected being the father, claiming she had a child with a different man.

The survivor could not tolerate the abuse and reported it to the police in May 2019, resulting in the accused being arrested.

Tags: Bombay HCConsensual sex with minor wife
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