Bombay High Court Rules Consensual Sex with Minor Wife is Rape, Upholds 10-Year Sentence

 Bombay High Court has ruled that consensual sexual relations with a minor wife still amount to rape. This landmark judgment, delivered by the Nagpur Bench, upheld the ten-year sentence for the accused. The Court emphasized that if a wife is under the age of 18, any sexual relations with her—regardless of consent—will be considered rape. This applies whether the girl is married or not. Justice G. A. Sanap, who presided over the case, clarified that sexual relations with a minor, even with her consent, are regarded as rape.

The High Court upheld the ten-year prison sentence imposed by the lower court, rejecting the accused's appeal. The case involved an accused who forcibly had sexual relations with a minor girl, leading to her pregnancy. Although the accused later married the girl, their marital relationship became strained, and the girl eventually claimed that the sexual relations were non-consensual. The accused argued that the relations were consensual due to their marriage. However, the Court ruled that the girl was a minor, and any sexual act, even if consensual, was considered rape.

The accused, from Wardha, had been in a romantic relationship with the girl for about 3-4 years before the incident. The girl, who lived with her parents and grandmother, initially rejected the accused's sexual advances. However, after facing financial difficulties and moving to a nearby city for work, the accused began stalking her and coerced her into sexual relations, which led to her pregnancy.

Initially, the accused promised to marry the girl and staged a fake marriage in front of neighbors. After the girl became pregnant, the accused began insulting her, accusing her of infidelity, and pressuring her to have an abortion. In 2019, the girl filed a complaint, leading to the lower court's ten-year sentence. Despite the accused's appeal, the Nagpur Bench of the Bombay High Court upheld the sentence, reiterating that sexual relations with a minor, even if consensual, is classified as rape.