Non-Consensual Intercourse with Minor Wife Amounts to Rape: Bombay HC Passes Landmark Order

Mumbai: Non-consensual intercourse with a wife who is below 18 years of age constitutes offence of rape, Bombay High Court said while upholding conviction of a man sentenced to 10 years for crime.

Nagpur bench of Justice G A Sanap, in an order passed on November 12, dismissed 24-year-old man's appeal challenging 2021 judgment of a sessions court holding him guilty under provisions of Protection of Children from Sexual Offences Act and Indian Penal Code for sexually assaulting his underage wife.

man, who was sentenced to 10 years in jail by sessions court, claimed since victim was his wife, ir sexual relationship cannot be termed as rape.

high court, however, said defence of consensual sex with wife cannot be taken when age of wife is below 18 years.

"Sexual intercourse with a girl below 18 years of age is rape regardless of wher she is married or not. non-consensual intercourse with a wife, who is below 18 years of age, is rape," bench held.

woman, in her complaint lodged in 2019, said she was in a relationship with man and that, despite her refusal, he raped and impregnated her. duo n lived toger and got married. However, man insisted on an abortion.

She alleged that man me a farce of marriage and repeatedly raped and physically assaulted her.

court noted that woman gave birth to a baby boy, and as per DNA analysis, accused and her were biological parents.

man, in his appeal, claimed innocence and said complainant was his wife and hence, ir physical relation cannot be termed as rape and that it was consensual.

He also claimed that woman was not a minor at time of alleged incident.

court, however, refused to accept this contention. It noted that as per documentary evidence, complainant was born in 2002 and was a minor in 2019 when alleged incident occurred. 

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