Minor’s Consent For Sex Not Valid: Delhi HC Denies Bail To Rapist; he changed the date of birth of the girl

The accused is in jail since 2019 in this case.

The Delhi High Court refused to grant bail to the accused of raping a 16-year-old girl. The accused had said in his plea that he had made a relationship with the girl’s consent. Therefore he should be released. The case is of 2019. On the complaint of the girl’s father, the police arrested the accused and a rape case was registered against him in the charge sheet.

Justice Jasmeet Singh, while rejecting the bail plea, said that the consent of a minor to have physical relations is not consent in the eyes of law. The accused has also committed a serious crime of changing the date of birth in the Aadhaar card of the girl.

The accused showed the girl an adult to save herself
Justice Jasmeet Singh’s bench said, “Consent of a minor to have sex at 16 years, is no consent in the eyes of law. The accused is 23 years old and already married, so he also cannot be granted bail.” The court said that it seems that the accused wanted to take advantage by changing the date of birth on the Aadhaar card. So that the accused can show that when he had relations with the girl, she was not a minor.

Went to SDM office with the girl
Judge Singh said, “The girl was just 16 years old on the day of the incident. The accused was 23 years old and was already married. It was the accused who took the girl to the SDM (Subdivisional Magistrate) office. Her date of birth was changed to March 5, 2000. So that he could prove that she was not a minor on the day of sexual intercourse.

The girl’s father lodged an FIR
An FIR was registered in 2019 on the complaint of the girl’s father. The father had said that his daughter was missing. Later the girl was traced from Sambhal district of Uttar Pradesh and brought back. The girl told the magistrate that the accused was her boyfriend and she lived with him for about one-and-a-half months. He had physical relations with the girl Consent because he wanted to be with her.

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