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The Bombay High Court delivered a landmark judgment, unequivocally stating that sexual intercourse with a minor under 18, regardless of consent or marital status, constitutes rape. This ruling decisively rejects the defense of 'consensual intercourse with a wife' often employed in such cases, underscoring the vulnerability of underage girls and the gravity of such acts. The case in question involved a 24-year-old man who was convicted by a sessions court in 2021 under the Protection of Children from Sexual Offences (POCSO) Act and the Indian Penal Code for raping his underage wife. The High Court, in its November 12th order, upheld the 10-year sentence imposed on the accused, reinforcing the legal framework that safeguards children from sexual exploitation.
Justice Govind A. Sanap, of the Nagpur Bench, meticulously analyzed the case, emphasizing that the Supreme Court's precedent firmly establishes sexual intercourse with a girl below 18 as rape, irrespective of marriage. The court recognized the inherent power imbalance in such relationships, highlighting that even if consent is claimed, the minor's capacity for informed consent is legally non-existent. The judge clearly articulated that the defense of consensual sex with a wife is completely inapplicable when the girl is under 18, emphasizing the absolute prohibition on sexual activity with minors. This decision is a significant step forward in clarifying legal ambiguities and strengthening the protection afforded to underage girls in such situations. The court's unwavering stance sends a strong message that such acts will not be tolerated.
The details of the case further reinforce the court's judgment. The accused, who was a neighbor of the victim, initiated a relationship with her at a young age, ultimately coercing her into sexual intercourse which led to pregnancy. The subsequent 'marriage' was demonstrably a sham, orchestrated to legitimize the sexual exploitation. Evidence presented, including the victim’s statement, the child’s birth certificate, and a DNA report, robustly supported the prosecution's case. The accused's claims of consensual intercourse were effectively refuted by the judge's evaluation of the evidence and the circumstances surrounding the case. The court meticulously reviewed the lower court's judgment, affirming the sessions court's meticulous assessment of the evidence and its justifiable conclusion. The judge expressed complete satisfaction with the lower court's findings, noting that the conviction was soundly based on cogent and concrete evidence. The High Court's ruling is therefore not just an affirmation of existing law but a comprehensive and reasoned judgment underscoring the gravity of the crime.
This case highlights the critical need for stronger legal frameworks and societal vigilance to protect children from sexual exploitation and abuse. The legal framework surrounding child marriage and sexual assault requires continued scrutiny and refinement to ensure that perpetrators are held accountable. The ruling also underscores the importance of providing comprehensive support and resources to victims of child sexual abuse, including access to mental health services, legal aid, and social support networks. The Bombay High Court's decision sets a crucial precedent, solidifying the legal stance against sexual exploitation of minors. Furthermore, it emphasizes the importance of actively combating the practice of child marriage, a practice that renders young girls vulnerable to abuse and significantly impairs their development and future prospects. The judgment reinforces the need for sustained efforts in education, awareness campaigns, and legal reforms to ensure the complete protection of children's rights and well-being.
The decision's impact extends beyond the individual case, serving as a powerful deterrent against future offenses and setting a precedent for similar cases throughout the country. By reinforcing the legal framework that protects minors from sexual exploitation, the court sends a clear message that perpetrators will be held accountable, regardless of their claims of consent or marital status. The judgment underscores the importance of understanding the inherent power dynamics in relationships involving adults and minors, recognizing that consent from a minor cannot be truly informed or freely given. The ruling stands as a testament to the justice system's commitment to upholding the rights and safety of vulnerable children, providing a beacon of hope and a strong message against the scourge of child sexual abuse. The continued dialogue and legal action on this front are vital to ensuring a safer and more just environment for all children.
Source: Sexual intercourse with minor wife amounts to rape, says Bombay HC