New Delhi : The Delhi High Court has made an important observation in the case of rape of a minor. The court made it clear that the minor and the accused getting married or having a child after sexual abuse does not end the seriousness of the rape.
The Court held that the consent of the minor in such cases is irrelevant in law. The court made this important observation while hearing the FIR filed by the minor’s mother and also refused to grant bail to the accused.
The Bench of Delhi High Court Judge Justice Anoop Kumar Mendiratta was hearing the matter. During the hearing, the Bench observed, “The claim of consent of any minor after having a coercive relationship and marrying him is not in accordance with the law. This does not end the seriousness of rape, it is a crime not only against the victim but also against the society.
Having sex with a minor is an offense in the eyes of the law.
At the same time, the counsel for the accused argues that there was a consensual relationship between the two and the accused would take care of the victim and her children. Please inform that a case has been registered against the accused under sections 363, 376 and 366 of IPC and sections 4 and 5 of POCSO Act.
After hearing all the arguments, the court made it clear that having a relationship with any minor is prohibited, even if it is his consent. For this reason, if a minor gives birth to a child, then it is nothing less than a serious act like rape. The Delhi High Court has also rejected the bail application of the accused.
Know the whole incident
The victim’s mother had registered a case with the police alleging that her 15-year-old daughter was abducted by some people. Her daughter is missing since July 2019. Police started investigation in this case and recovered the victim on the basis of mobile surveillance on 5 October 2021. When the girl was found, she was married and she was also one and a half months pregnant. The prosecution alleges that their girl was coaxed by a 27-year-old boy to get her to marry at the temple.