38.6c New Delhi, India, Tuesday, April 23, 2024
Executive

No Rape If Muslim Man Makes Physical Relations With 15 Year Old Wife: Delhi High Court

By LAWSTREET NEWS NETWORK      23 August, 2023 10:18 PM      0 Comments
No Rape If Muslim Man Makes Physical Relations With 15 Year Old Wife: Delhi High Court

The Delhi High Court has said physical relationship of Muslim man with about a 15-year-old child after marriage cannot be termed.

The court upheld acquittal of Mohd Kayum a Muslim man accused of sexual assault under Section 6 read with Section 5(1) of POCSO Act.

As per Muslim law, a girl over the age of 15 years, is competent to enter into a contract of marriage with the person of her choice and sex with such a girl is not considered an offence.

A bench of Justices Suresh Kumar Kait and Neena Bansal Krishna said, “We find that since the child victim was the wife who was almost fifteen years of age, the physical relationship of the respondent with the victim, cannot be termed as rape. The respondent has been rightly acquitted”.

The bench dismissed an appeal filed by the Delhi government against the judgment of acquittal passed on November 15, 2016.

The mother of the minor girl child lodged an FIR contending that in the month of October and November 2014 while her child was alone, Mohd Kayun, who was also the brother in law “jija” of the child came to her house four to five times and committed rape upon her. When she felt pain in in her abdomen, her mother took her to hospital, where her pregnancy was confirmed.

It was stated that in December, 2014, the minor victim, along with her mother, Kayum and his wife had gone to native place in Bihar to attend the marriage of their cousin sister. After attending the marriage she got married to accused Kayum. The mother was unaware of this marriage.

“The ASJ had rightly observed that in view of the testimony of the child that she got married to the respondent in the month of December, 2014 and only thereafter did they have physical relationship, no offence under Section 6 read with Section 5(1) of POCSO Act was made out and the respondent was rightly acquitted,” the bench said.

In her deposition, the child victim said accused Kayum was her real brother-in-law (husband of her elder sister). He along with his family used to reside one or two street away from her house. In the month of December, 2014 she along with her mother, respondent and his wife had gone to native place in Bihar to attend the marriage of their cousin sister.

After attending the marriage, she got married to accused Kayum. Thereafter, she along with her mother and respondent husband and sister returned to Delhi. She further deposed that the respondent thereafter made physical relation with her on various occasions. She became pregnant and this fact came to the knowledge of her mother. Her parents were not aware about her marriage with the respondent.

She further deposed that the respondent had never committed any wrong with her before their marriage. 



Share this article:

About:

Explore Comprehensive Legal Reporting with LawStreet Journal: Your Go-To Source for Supreme Court an...Read more

Follow:
TwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

'Without documentary proof, Waqf Board can't lay claim over any property' 'Without documentary proof, Waqf Board can't lay claim over any property'

In 2012, the Anjuman Committee addressed a letter to the Chairman of the Waqf Board stating there is a wall and Chabutrah (platform) on a 'Tiranga Ki Qalandari Masjid’ where in olden times laborers used to offer prayers.

Delhi High Court to Commence Daily Hearings on August 28 for Appeals Against Acquittals in 2G Case Delhi High Court to Commence Daily Hearings on August 28 for Appeals Against Acquittals in 2G Case

Delhi High Court is set to begin day-to-day hearings from August 28 for appeals by CBI and ED against acquittals in the 2G spectrum allocation case, expressing displeasure over adjournment requests. The case involves former telecom minister A Raja and business entities. Learn about the proceedings and details of the case.

Enforcement Directorate Alleges Breach of Bail Conditions by Robert Vadra in Money Laundering Case Enforcement Directorate Alleges Breach of Bail Conditions by Robert Vadra in Money Laundering Case

Get the latest update on the Robert Vadra case as the Enforcement Directorate alleges breach of bail conditions in a money laundering case. The ED claims non-compliance and seeks court action, while Vadra's counsel refutes the allegations. Stay informed about the legal proceedings and developments.

No Rape If Muslim Man Makes Physical Relations With 15 Year Old Wife: Delhi High Court No Rape If Muslim Man Makes Physical Relations With 15 Year Old Wife: Delhi High Court

Controversial Delhi High Court Ruling: Acquittal of Muslim Man in Case of 15-Year-Old Wife. Explore the legal perspective on marriage age, consent, and POCSO Act implications.

TRENDING NEWS

a-critique-of-the-supreme-courts-adventurism-for-lgbtqia-rights
Trending Legal Insiders
Overreaching Jurisdiction: A critique of the Supreme Court's adventurism for LGBTQIA rights

In its over-enthusiasm to protect LGBTQIA+ rights, has the Supreme Court exceeded its constitutional mandate under Article 142? A Delhi University research scholar evaluates the theme.

22 April, 2024 10:48 AM
new-criminal-laws-watershed-moment-for-society-cji
Trending Legal Insiders
New criminal laws watershed moment for society: CJI [Read Inaugural Remarks]

CJI Chandrachud hails new criminal laws as a watershed moment, marking a significant overhaul for the justice system, emphasizing adaptation and technology's role.

22 April, 2024 11:26 AM

TOP STORIES

burden-to-prove-dishonest-damage-to-electric-meter-is-for-electricity-theft-is-on-the-prosecution-says-delhi-hc
Trending Judiciary
Burden to prove dishonest damage to electric meter is for electricity theft, is on the prosecution: Delhi HC [Read Judgment]

Delhi High Court has held that the burden to prove that a person has ‘dishonestly’ damaged an electric meter to commit electricity theft is on the prosecution.

17 April, 2024 05:41 PM
pil-filed-by-ashwini-kumar-upadhyay-in-sc-for-yr-bachelor-of-law-degree-after-class
Trending Judiciary
PIL filed by Ashwini Kumar Upadhyay in SC for 3-yr Bachelor of Law degree after Class XII

PIL by Ashwini Kumar in SC seeks to shorten law degree to 3 years post-Class XII, citing current 5-year span as irrational.

18 April, 2024 11:21 AM
centre-sets-up-high-powered-committee-to-suggest-measures-to-end-discrimination-against-queer-community
Trending Executive
Centre sets up high-powered committee to suggest measures to end discrimination against queer community [Read Order]

Centre forms committee to end discrimination against the queer community, chaired by the Cabinet Secretary, following a Supreme Court directive.

18 April, 2024 12:11 PM
after-karnataka-hc-delhi-hc-sets-aside-government-circular-banning-23-ferocious-dog-breeds
Trending Judiciary
After Karnataka HC, Delhi HC sets aside Government circular banning 23 'ferocious' dog breeds [Read Judgement]

After Karnataka High Court, the Delhi High Court has set aside a Government circular banning 23 'ferocious' dog breeds.

18 April, 2024 01:06 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email