Bombay High Court: Consensual Sex With Underage Wife Ruled as Rape

The court affirmed a 10-year sentence, emphasizing that intercourse with a minor, regardless of marital status, is considered rape under Indian law.

The Nagpur bench of the Bombay High Court upheld a 10-year prison sentence for a man convicted of raping his underage wife.
Justice Govind Sanap emphasized that sexual intercourse with a girl below 18 years is considered rape, irrespective of marriage or consent.
The case involved a man who claimed that his relationship with the minor was consensual and valid due to their marital status.
The court dismissed the man's defense, noting that the victim was a minor at the time of the incident, as confirmed by her birth certificate.
The ruling aligns with the Protection of Children from Sexual Offences Act and reinforces legal protection for minors against sexual exploitation.