Consensual intercourse with minor constitutes to rape, rules Bombay High Court upholding conviction

The Bombay High Court while upholding the 10 year jail sentence stated that consensual sex with a minor constitutes to rape. and the legal defence for such an act cannot be accepted under the law. 

“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 complaint was lodged against the accused when he was engaged in non consensual intercourse which resulted in pregnancy. He married the victim subsequently, however the marriage did not work out prompting the victim to file complaint in 2019.

Both the accused and the victim were involved in a romantic relationship but the complainant had constantly restricted him from getting indulged in physical intimacy. After the marriage, however, his behaviour towards her turned abusive, involving physical assaults and pressure to undergo an abortion. He later denied paternity, accusing her of having a child with another man. 

Failing to endure any further abuse, she filed a complaint against the accused in May 2019 and in the defence accused stated that the complainant was his wife and the relationship was consensual.

However, Justice Sanap observed, "In my view, this submission cannot be accepted for more than one reason. In this case, the prosecution has proved that the victim on the date of commission of the crime was below 18 years of age".

The bench observed that the DNA report confirmed the accused and the victim as the biological parents of the male child born from the relationship.