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NAGPUR: Bombay high court‘s Nagpur bench recently ruled that sexual intercourse with a wife under 18 years of age, even if consensual, constitutes rape.
The HC upheld the trial court’s order sentencing the convict 10 years of rigorous imprisonment, reinforcing Supreme Court’s precedent in Independent Thought versus Union of India. Delivering the verdict, Justice Govinda Sanap emphasised that marital rape exceptions under the IPC do not extend to minors. “Sexual intercourse with a girl below 18 is rape regardless of marital status,” he said.
The case dates to 2019 and involves a minor victim in a three- four-year relationship with the convict. The victim, then a resident of Wardha, consistently rejected the man’s advances. Facing financial difficulties, she later moved to another town for work, and the man followed her.
Offering rides to and from her workplace, the man gained her trust before coercing her into a sexual relationship under the false promise of marriage. Their relationship eventually led to pregnancy. The accused then hastily arranged a makeshift marriage ceremony in a rented room, attended by a few neighbours.
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. Left with no recourse, the victim reported the matter to Wardha police, leading to his prosecution.
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