MUMBAI: Bombay High Court has clarified that consensual sex with a minor wife can also be considered as rape. The High Court issued the order upholding a lower court order sentencing a husband to 10 years in prison on the sexual assault complaint lodged by his minor wife.

The High Court stated that legal protection cannot be granted to the husband in such cases. The court pointed out that the legal age for consensual sexual relations is 18. According to the case details, the accused raped the minor girl, which resulted in pregnancy. He later married her. The court clarified that marriage cannot erase the traumatic experiences that the girl underwent. The court observed that the accused's claim of consensual relations is merely a defence tactic.

The girl, who hails from Wardha in Maharashtra, lodged the complaint with the police in 2019. The girl had been in a relationship with the accused, her neighbour, for 4 years before the complaint. However, she was not ready to have sexual relations with him. The girl later moved to another town for work. The accused followed her and eventually forced her into a sexual relationship, resulting in her pregnancy. Although the two later got married, the accused started assaulting her constantly. He asked her to undergo an abortion and even denied paternity of the child. Following this, the girl lodged a complaint with the police. DNA reports have confirmed that the accused was the father of the child.