MADHYA PRADESH HC - PHYSICAL RELATIONSHIP WITH A MINOR WIFE AMOUNTS TO RAPE

The Madhya Pradesh High Court (Gwalior Bench) observed that a physical relationship with a minor wife amounts to rape. The HC made the above observation while denying bail to a man booked for offenses under the Protection of Children from Sexual Offences Act (POCSO Act). 

Justice GS Ahluwalia was hearing the bail application of one accused- Ajay Jatav. The present bail application was his fifth application. 

Advocate Awdhesh Sharma, appearing for the applicant, informed the Court that in the 4th bail application, the Court considered the Prosecutirx's examination where she submitted that the accused applicant and prosecutrix developed a physical relationship when she turned an adult and that both the parties were married. Subsequently, the father of the prosecutrix stated to the Court that at the time of the commission of the act, the prosecutrix was 17 years and six months. On the ground of the father's examination, the Court denied the applicant's bail application. 

The State argued that as per the reports, the prosecutrix gave birth to a child on September 16, 2020, which makes it clear that she was pregnant in December 2019. The prosecutrix was born on February 1, 2002, clarifying that she was pregnant when she was a minor. 

The Court placed reliance on SC's decision in Independent Thought vs. Union of India and Another (2017) 10 SCC 800 whereby the top Court refused to grant bail to the applicant and held that a physical relationship with a minor wife would come within the category of rape."

Author: Papiha Ghoshal