Nagpur: Bombay High CourtThe Nagpur bench recently ruled that sexual intercourse with a wife under the age of 18, even if consensual, would amount to rape.
The High Court upheld the trial court’s order sentencing the convict to rigorous imprisonment for 10 years, thereby setting a Supreme Court precedent. Free Thought vs Union of IndiaWhile delivering the verdict, Justice Govinda Sanap emphasized this marital rape Exceptions under the IPC do not apply to minors. “Sex with a girl under the age of 18, regardless of marital status, is rape,” he said.
The case dates back to 2019 and involves a three-four year old relationship of a minor victim with the convict. The victim, who was a resident of Wardha at that time, repeatedly rejected the man’s advances. Facing financial difficulties, she later moved to another city for work and the man followed her.
By offering her a ride to and from work, the man gained her trust before forcing her to have sex under the false promise of marriage. Their relationship eventually led to pregnancy. The accused then hastily organized a makeshift marriage ceremony in a rented room, in which some neighbors also attended.
The victim later described the ceremony as a sham devoid of legal validity or formalities. The man then pressured her to have an abortion, denied responsibility for the child, and accused her of infidelity. Finding no recourse, the victim reported the matter to Wardha Police, following which a case was registered against him.