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.
