Delhi HC Upholds Acquittal of Muslim Man Accused of Raping 15-year-old Wife

Date:

The High Court said that the relationship between the couple cannot be termed as rape since the physical relationship happened only after they got married to each other.

Team Clarion

NEW DELHI — A Muslim man, accused of raping a 15-year-old girl, recently got a judicial reprieve as the Delhi High Court upheld his acquittal after noting that the girl, also a Muslim, was his wife and he had sexual relationship with her only after they got married to each other.

A division bench of Justices Suresh Kumar Kait and Neena Bansal Krishna said that the relationship of the accused with the victim cannot be termed as rape, Bar and Bench reported on Tuesday.

As per Muslim personal law, a Muslim girl over the age of 15 years is competent to enter into a contract of marriage with the person of her choice and sex with such a girl is not considered an offence.

“We find that since the child victim was the wife who was almost fifteen years of age, the physical relationship of the respondent (accused man) with the victim, cannot be termed as rape. The respondent has been rightly acquitted,” the high court observed.

It also agreed with the conclusion of the Additional Sessions Judge (ASJ) that in view of the testimony of the child that she got married to the respondent in the month of December 2014 and only thereafter did they have a physical relationship, no offence under Section 6 read with Section 5(1) of Protection of Children from Sexual Offences Act (POCSO Act) was made out.

The court was dealing with an appeal filed by the State against a judgment of acquittal dated November 15, 2016 through which the accused man was acquitted of the offence punishable under Section 376 of the Indian Penal Code (IPC).

After considering the facts of the case, the court concluded that there was no ground to grant leave to appeal. The application was, therefore, dismissed.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Share post:

Popular

More like this
Related

Gaza, Three Years On: Preserving the Evidence, Breaking the Cycle of Impunity

ON 13 October 2023, Al-Haq was among the first...

‘Received Calls from NDA, INDIA Bloc Parties’: Aazad Samaj Party Chief on New Alliance

LUCKNOW - Aazad Samaj Party-Kanshi Ram President, Chandra Shekhar...

Four-day Bhopal Expo Offers Opportunity To Explore Different Facets of Medieval India

 BHOPAL — A four-day historic exhibition, organised under the...

The Beginning of the End: Israel at the Heart of America’s Political Civil War

ON the very morning of the critical US midterm...