Alka Verma –
Published On: November 21, 2021 at 19:20 IST
On Sunday, the Gwalior Bench of Madhya Pradesh High Court stated that physical relationships with a wife who is below 18 years of age amounts to Rape.
The Bench of Justice G.S. Ahluwalia made this observation while denying Bail to a man who was booked for Rape under the Protection of Children from Sexual Offences Act, or POCSO Act.
“Physical relationship with a minor wife, i.e., below the ageof 18 years would also come within the category of Rape,” stated the High Court.
A Bench of Justice G.S. Ahluwalia made this observation while denying Bail to a man who was booked for Rape under the Protection of Children from Sexual Offences Act, or POCSO Act.
In the said case, Accused-Appellant Ajay Jatav, who filed his Bail Application for the 5th time, was accused of forming a physical relationship with a minor.
Jatav, was arrested on January 31st, 2021 and 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.
However, Advocate Awadhesh Sharma, who was representing Jatav, contented that when the offence was committed, the girl was aged around 17 years and 6 months and it was confirmed by her father
Sharma also argued that the girl herself claimed that she was 18 when the physical relationship was formed and only after then she was married to Jatav.
However, depending on a report from the hospital, the State argued that the girl delivered the child on 16th September, 2020 and thus it was clear she got pregnant in December 2019.
Adding to this, the State stated that because the birthday of the girl was on February 1, 2002, it became very clear she had become pregnant when she was a minor.
After listening to both the side, the High Court referred to Independent Thought Vs Union of India and Another (2017) 10 SCC 800 wherein it was held that the sexual intercourse with wife below 18 years will amount to rape.
“The provision of exception 2 to Section 375 of IPC and hasheld that physical relationship with a minor wife, i.e., below the ageof 18 years would also come within the category of rape,” stated the High Court.
Accordingly, at the end, the Madhya Pradesh High Court denied the Bail and dismissed the Bail Application.