A physical relationship with a wife who is below the age of 18 years will amount to rape, the Madhya Pradesh High Court has said, Live Law reported on Sunday.
The court made the observation while denying bail to a man accused of rape under the Protection of Children from Sexual Offences Act, or POCSO Act.
In 2017, the Supreme Court had read down exception 2 to Section 375 (which defines rape) of the Indian Penal Code that allowed such a sexual act, said Justice GS Ahluwalia. The Supreme Court had increased the age of consent for such acts from 15 to 18.
Accused Ajay Jatav, who filed his bail petition for the fifth time, was arrested on January 31 this year. He was booked under Section 363 (punishment for kidnapping), 366 (kidnapping, abducting or inducing woman to compel her marriage), 376 (punishment for rape) of the Indian Penal Code, and Sections 5 and 6 of the POCSO Act.
During the hearing on October 21, Jatav’s counsel Awdhesh Sharma argued that the girl’s father had stated that she was aged about 17 years and 6 months when the offence was committed. However, the court refused to consider that as a ground to grant bail.
Sharma also pointed out that the girl herself said that they developed physical relationship only after she turned 18 and was married to Jatav.
However, the state cited a report from the hospital that said the girl gave birth to a child in September 16, 2020. It was clear that she became pregnant in December 2019, the state argued. The girl’s birthday is on February 1, 2002. It was clear that she had become pregnant when she was a minor, the state added.
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