Prayagraj. The Allahabad High Court has said in an important decision that even if a minor girl leaves her house and marries someone and establishes physical relations of her own volition, this desire of the minor has no significance.
such physical relationship also rape
Allahabad High Court has given a big decision. The court has said that the consent of the minor is of no importance in the physical relationship made with the consent of the minor. The court said that after marriage with a minor, a physical relationship made with her consent also comes under the category of rape. The court refused to grant relief to the accused on this ground.
bail application rejected
Actually, in the petition, it was argued on behalf of the accused that he married the minor with consent. With her consent, have physical relations with him. On this, Justice Sadhrani Thakur rejected the bail application of a person named Praveen Kashyap of Aligarh. Praveen had married a minor girl and both were living as husband and wife.
Petitioner’s counsel
The counsel for the petitioner argued that as per the statement made by the victim under sections 161 and 164 of CrPC, she had left the house of her own free will and got married. He said that the petitioner is in jail since June 4, 2022, hence his bail is requested.
Government Advocate’s objection
The Additional Government Advocate objected to the bail plea saying that as per the certificate given by the Principal of the Higher Secondary School, Naharula Khair, Aligarh, the date of birth of the victim is May 10, 2006 and on the day of the incident on June 2, 2022, the girl is a minor. So his wish didn’t matter.
High Court ordered
The High Court in its order said that after hearing the arguments of the lawyers of the parties concerned and taking into consideration the facts and circumstances of the case, I do not find it proper to grant bail in this case. Therefore the bail application is dismissed.
