MP HC | Does physical relationship with a minor wife come within the category of rape?

Madhya Pradesh High Court: G.S. Ahluwalia J., rejected a bail application under Section 439 of CrPC. The appellant was arrested on 31-01-2021 in connection for offence under Sections 363, 376, 366 of IPC and Section 5/6 of POCSO Act.

Counsel for the applicant submitted that Court while deciding fourth bail application of the applicant by order dated 31-07-2021 passed in M.Cr.C. No. 37188 of 2021 had considered the evidence of the prosecutrix, but thereafter her father had also been examined and in his evidence, he had stated that the prosecutrix was aged about 17 years and 6 months. It was further submitted that the applicant had married the prosecutrix.

The Court reiterated that the Supreme Court in Independent Thought v. Union of India, (2017) 10 SCC 800 had read down the provision of exception 2 to Section 375 of IPC and had held that physical relationship with a minor wife, i.e., below the age of 18 years would also come within the category of rape.

The Court thus, dismissed the application.[Ajay Jatav v. State of MP, MCRC-50562 of 2021, decided on 21-10-2021]


Suchita Shukla, Editorial Assistant has reported this brief.


Shri Awdhesh Sharma, Counsel for the applicant.

Shri BPS Chauhan, Counsel for the State.

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