Sexual abuse of a minor girl results in the birth or accused marrying the victim does not mitigate the offence - Delhi HC

Case: Jagbir v State (NCT of Delhi

The Delhi High Court recently held that merely because sexual abuse of a minor girl results in the birth or accused marrying the victim does not mitigate the offence. Justice Anoop Kumar Mendiratta said that even if a minor has given her consent to establish a sexual relationship, it cannot be treated as consent under the law and is, therefore, immaterial and inconsequential.

FACTS

The court denied bail to a 27-year-old man accused of sexually exploiting a minor girl under the Protection of Children from Sexual Offences Act (POCSO Act) despite the fact that he had married her. The man allegedly lured the 15 years old in 2019. Despite her parents filing a complaint with the police and a Habeas Corpus petition, she could only be located in October 2021 with an eight-month-old child. Her pregnancy test further revealed that she was pregnant for a second time.

Police claimed that the accused had deceived the investigation by suppressing the whereabouts of the victim.

HELD

Justice Mendiratta said that child marriage is illegal and sexual intercourse with a wife under the age of 18 is rape regardless of her willingness or consent. The minor's infatuation with the alleged kidnapper cannot be permitted as a valid defence.