look news india
Mumbai: Bombay High Court, while upholding the 10-year sentence given to the culprits, said that having sex with a married woman below 18 years of age is the crime of rape. The Wardha District Trial Court had convicted the youth of rape and under provisions of the POCSO Act. The youth filed an appeal in the High Court challenging the decision of the trial court, which was being heard by the judge. The youth said in his appeal that the sexual relationship with the victim was consensual and at the relevant time the victim was his wife. The judge rejected the petitioner’s appeal.
In the order given on November 12 last, the judge said that since the victim was a wife, the petitioner’s argument that having sex with her does not amount to the crime of rape is not acceptable. Irrespective of whether the victim is married or not, it can be said that sexual intercourse with a girl below 18 years of age is the crime of rape. According to the decision of the Supreme Court, the defense of consensual sex with the wife is not acceptable.
The petitioner was arrested on May 25, 2019, after the minor victim lodged a complaint against the youth. And the petitioner forcibly had sexual relations with her and thereafter had sexual relations with her repeatedly under the false promise of marriage. When the victim became pregnant, the husband asked her to get an abortion. However, the victim requested to marry the young man. The young man had taken the house on rent. And in the presence of the neighbours, both of them garlanded each other and made her believe that she had become his wife. After this the young man asked her to get an abortion. But when the girl did not agree, the young man beat her. The victim went to her parents’ house. At the same time, the accused also reached her parents’ house, where she was living and assaulted her there too.
The victim lodged a complaint with the Child Welfare Committee of Wardha police and mentioned her photographs with the accused (making necklaces to each other) and told the officers that the accused was her husband. The victim admitted this in cross-examination before the lower court. On the basis of this statement, the accused appealed in the High Court and argued that the relationship between the victim and her husband was consensual. Therefore the crime of rape does not occur.
The bench said in its order, “I am of the view that this argument is not acceptable for more than one reason.” The prosecution has proved that the victim was below 18 years of age on the day of the crime. “I can see that the trial judge made no mistake. There is no reason to believe that the evidence on record does not do so. I can say what is in the appeal and hence dismiss the appeal.
