Marriage To Minor No Shield From Rape Charges: HC

Mumbai-The Bombay High Court has refused to quash a rape case against a 29-year-old man, noting that he cannot be absolved of charges under the POCSO Act merely because he married the minor girl and now they have a child together.

- Press Trust Of India

Justices Urmila Joshi Phalke and Nandesh Deshpande of the HC’s Nagpur bench, in the order passed on September 26, refused to accept the man’s contention that he was in a consensual relationship with the 17-year-old girl and had registered the marriage only when she turned 18.

The court said factual consent in a relationship between or with minors is immaterial under the provisions of the Protection of Children from Sexual Offences (POCSO) Act.

The court rejected the application filed by the man and his family members seeking that the FIR lodged against them in July this year by the Akola police be quashed.

They were booked under provisions of the Bharatiya Nyaya Sanhita, POCSO Act and the Prohibition of Child Marriage Act.