CONSENT OF MINOR IS NOT CONSENT

IN A RAPE CASE, COURT DENIES BAIL OF A MAN


Delhi High Court denies the bail to a man accused of raping a 16-year-old girl while getting her date of birth changed on her Adhaar card. In the eyes of law, consent of a minor is not consent.


The man changed the girl’s date of birth from her Adhaar card, the high court stated that this is a “serious offence”.

By changing date of birth on the Adhaar card, it seems that the applicant (man) wanted to take advantage so that when he established physical relationship with the girl, she was not a minor.

The minor age consent of age16 years, specially, when the applicant was 23 year old and already married also disentitles him for grant of bail. In the eyes of law, “consent of a minor is no consent”, Justice Jasmeet Singh said in a recent order.

In 2019, an FIR was registered which was the complaint of the girl’s father that his daughter was missing. Later, from Uttar Pradesh’s Sambhal district the girl was traced and rescued, brought back.

In the company of man, the girl who was found, stated in her statement before a magistrate that he was with her boyfriend and she stayed with him for one and half months.
 
She further confess that the man established physical relationships with her consent and that she wanted to stay with him.
 
 

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