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    ‘Consent Of Minor Is Not Consent’: Delhi HC Denies Bail To Man In Rape Case

    The Delhi High Court also stated that the conduct of the man in getting the girl's date of birth changed on the Aadhaar card was a "serious offence".

    By Radha Basnet
    Tue, 06 Dec 2022 08:58 AM (IST)
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    DELHI High Court while denying bail to man accused of raping a 16-year-old girl and also getting her date of birth changed on her Aadhaar card, has observed that consent of a minor is not consent in the eyes of law. The Court also stated that the conduct of the man in getting the girl's date of birth changed on the Aadhaar card was a "serious offence".

    "It seems that the applicant (man) wanted to take advantage by getting the date of birth on the Aadhaar card changed so that when the applicant established a physical relationship with the complainant, she was not a minor. The consent of the minor at the age of 16 years, specially, when the applicant was 23 years old and already married also disentitles him from the grant of bail. Consent of a minor is no consent in the eyes of law," Justice Jasmeet Singh said in a recent order, PTI reported.

    In 2019, the FIR was registered girl’s father filed a complaint that his daughter is missing. Later, the girl was located, saved, and returned from the Sambhal district of Uttar Pradesh. The girl, who was found with the male, in her statement to a magistrate said that he was her boyfriend and that they had been together for around one and a half months.

    She further said the man established physical relationships with her consent and that she wanted to stay with him. The man sought bail on grounds that he had been in custody since 2019 and the charge sheet filed.

    The judge, as quoted by PTI said, "In the present case, I am of the view that the girl was merely 16 years on the date of incident. The applicant was 23 years old and was already married. It is stated by... counsel appearing for the complainant (girl) that she has interacted with the complainant and the complainant has informed her that it was the applicant who took her to the office of SDM (subdivisional magistrate) and got her date of birth changed in the Aadhaar card from the year 2002 to March 5, 2000 only for the purpose of showing that the date of the establishing physical relationship she was not a minor."

     

    (With Agency Inputs)

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