Bombay High Court: Minor Wife Rape and Consensual Sex Irrelevant

The Bombay High Court ruled that the consent of a minor wife is irrelevant in cases of rape. The court emphasized that a minor, by law, cannot give consent, and any sexual act with a minor is considered rape, regardless of the circumstances. The case involved a man who argued that his minor wife had consented to sexual intercourse. However, the court clarified that the Protection of Children from Sexual Offences (POCSO) Act prevails in such cases, which categorically states that any sexual activity with a minor is punishable, irrespective of purported consent. This judgment aims to protect minors from exploitation and reinforces the stringent legal stance against child sexual abuse.