Mumbai: The Bombay High Court has upheld a 10-year rigorous imprisonment sentence for a man convicted of raping his minor wife, affirming that consensual sex with a minor, even within marriage, constitutes rape under Indian law.
The Nagpur Bench, led by Justice G.A. Sanap, clarified that the defence of consensual sex with a minor wife is not legally valid, as the age of consent remains 18. Justice Sanap emphasised, "Sexual intercourse with a girl below 18 years of age is considered rape, whether she is married or not."
According to case details, the accused, a former neighbour of the survivor, allegedly coerced her into a sexual relationship, resulting in pregnancy. Although the two entered into a marriage, their relationship soured, leading the survivor to file a complaint. Reports indicate that the accused initially promised marriage and staged a "marriage ceremony," which the court deemed a farce. Following the marriage, the accused’s behaviour became abusive, reportedly involving physical assault and pressure to undergo an abortion.
The accused later denied paternity, leading the woman to file a police complaint in May 2019. DNA evidence ultimately confirmed the accused as the biological father of the child. The High Court rejected the accused's claim of consensual relations, noting that the survivor was under 18 at the time of the offence.
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Chikkaballapura (Karnataka), Nov 15: BJP MP K Sudhakar on Friday accused the Congress government of using the investigation into COVID-19 management during the BJP regime as a "political tool" against his party.
The Congress government, based on the recommendation of Justice John Michael D’Cunha, has initiated an investigation into alleged irregularities in COVID-19 management under the BJP’s administration.
“Let them investigate. They have turned investigations into weapons against us. We are ready for any probe. We worked with conscience and saved lives during COVID-19, while Congress leaders stayed indoors,” Sudhakar told reporters.
He defended the previous BJP government’s handling of the pandemic, highlighting the risks taken by officials and health department employees during the crisis.
Sudhakar criticised the Congress for altering the scope of the investigation, noting that the D’Cunha Commission had only submitted an interim report.
“The investigation is incomplete. Based on a preliminary inquiry report, a cabinet sub-committee led by Deputy Chief Minister D K Shivakumar was formed. Within a month, they have also ordered the formation of a Special Investigation Team (SIT),” he said.
Responding to Congress allegations that the BJP government purchased PPE kits at Rs 2,100 each from China and Hong Kong instead of locally available kits priced at Rs 330, Sudhakar questioned the availability of PPE kits at the time.
“Where were the PPE kits? The then Chief Minister Yediyurappa and Health Minister Sriramulu procured them through discussions with the Centre and imports from China,” he said.
Sudhakar dismissed the Congress’s claims as "politically motivated", and alleged that the party aims to "tarnish" BJP leaders’ reputations.
“The Congress wants to portray BJP leaders as villains, but this will not benefit them. The wheel of time keeps turning, and we will see where they stand when it does,” he remarked.