Marriage to minor victim doesn't dilute offence of rape, says Delhi HC while refusing man bail

The Delhi high court denied bail to a 27-year-old man accused of sexually assaulting a minor girl in 2019. The court said even though the accused has claimed that they later got married at a temple, the same cannot “sanctify” the offence that he committed.

Holding that the offence of rape does not dilute merely because the sexual abuse ended in a marriage between the minor victim and the accused, the Delhi high court denied bail to a 27-year-old man accused of sexually assaulting a minor girl in 2019.

The counsel representing the accused had argued that the relationship between the victim and accused was voluntary in nature and her age has not been verified in accordance with the law. (Representative image)

The court said even though the accused has claimed that they later got married at a temple, the same cannot “sanctify” the offence that he committed.

“Such incidents of luring a minor and entering into a physical relationship, accused thereafter claiming consent of the minor, cannot be treated in a routine manner, since rape is not only a crime against the minor victim but is a crime against the entire society which leaves little option for the minor child but to toe the line of the petitioner/accused,” justice Anoop Kumar Mendiratta said.

The FIR in the present case was lodged in July 2019 on the complaint of the minor girl’s mother alleging that an unknown person had kidnapped her daughter, aged about 15 years.

The minor was traced and rescued in October 2021 from the house of the accused along with an eight-month old child after the mother filed a habeas corpus petition to produce her daughter.

The counsel representing the accused had argued that the relationship between the victim and accused was voluntary in nature and her age has not been verified in accordance with the law.

He also contended that the victim or wife of the accused is suffering on account of his incarceration. He is required to look after the victim as well as their child, the counsel said.

The police, however, opposed the bail plea saying the entire machinery was kept in the dark by the accused who concealed the whereabouts of the victim. She was studying in Class 9 at that time she went missing, the court was told.

The alleged marriage with a minor was in violation of the law and also consent of a minor cannot be recognised as per law, the prosecution argued.

The court, while denying relief to the man, said that child marriage is prohibited in country, adding that Section 375 of the Indian Penal Code (IPC), which deals with rape, makes it clear that if the woman is under 18 years of age, then sexual intercourse with her “with or without her consent” is rape.

“Considering the facts and circumstances of the case, the conduct of accused/petitioner and the fact that victim was aged only about 14 years and six months at the time of the incident, the petition is dismissed,” said the court.