Headline
The Bombay High Court upholds ten year sentence in a case of Marital Rape Involving Minor Wife.
Summary
The Bombay High Court of Nagpur bench upheld a trial court’s 10-year strict imprisonment sentence against a man for raping his wife who was underage. Justice G.A. Sanap stated that sexual intercourse with a girl below 18 years, regardless of marital status or consent, will be considered as rape, lining up with the decision of the Supreme Court of India in Independent Thought vs. Union of India.
Key Facts
- Case Name: Independent Thought vs. Union of India applied.
- Judge Name: Justice G.A. Sanap.
- A minor girl, pressured into sexual relations and a fake marriage, was manipulated by the accused.
- The victim, later abandoned, reported the matter, showing she was under 18 of age at the time.
- Defense of consensual sex and marriage were rejected.
Legal Insights
- The Bombay High court said that the exception of marital rape does not apply to wives under the age of 18 years.
- Sexual intercourse with a minor girl is clearly deemed rape under Indian Penal Code (IPC)
Impact
This judgment enlarges the safeguards for minors, upholding the precedent of the Supreme Court against marital rape exceptions for underage wives.
Why It Matters
The case shows that child rights supersedes marital constructs, ensuring harsh responsibility for crimes against minors.
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