Consent of Minor is Not Consent: Delhi HC Denies Bail to Rape Accused

6 December, 2022 | Pranay Lad

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The man's actions in changing the girl's date of birth on the Aadhaar card, according to the high court, constituted a "serious offence."

When denying bail to a man accused of raping a 16-year-old girl and changing her Aadhaar card’s date of birth, the Delhi High Court made the observation that permission from a teenager does not constitute consent in the eyes of the law.

The man’s actions in changing the girl’s date of birth on the Aadhaar card, according to the high court, constituted a “serious offence.”

“It appears that the applicant (guy) tried to take advantage by changing the complainant’s date of birth on the Aadhaar card so that she was not a juvenile when the applicant formed physical contact with her.

“The assent of the juvenile at the age of 16, particularly when the petitioner was already married and 23 years old, disqualifies him from receiving bail. In the perspective of the law, minor consent is not considered consent “According to a recent ruling by Justice Jasmeet Singh.

On the girl’s father’s report that his daughter was missing in 2019, an FIR was filed. The girl was later located, saved, and returned from the Sambhal area of Uttar Pradesh.

The girl, who was discovered with the male, said that he was her boyfriend and that they had been together for around one and a half months in her testimony to a magistrate.

She added that she gave her agreement for the man to start having sexual connections and that she intended to stay with him.

On the basis that he had been in jail since 2019 and that a charge sheet had been filed, the guy requested bail.

The court said, “In this case, I believe the girl was just 16 years old on the day of the occurrence. The petitioner was a 23-year-old married woman. It is claimed by the attorney representing the complainant (girl) that she spoke with the complainant and that the complainant told her that it was the applicant who took her to the SDM (subdivisional magistrate) office and changed her date of birth from the year 2002 to March 5, 2000, only to demonstrate that she was not a minor on the date of the establishing physical relationship.”