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- Physical Relationship, Rape With Wife, 15 Year Old Wife, Delhi High Court
New Delhi12 minutes ago
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During the deposition by the trial court, the woman had said that she had married her brother-in-law in 2014. After this, with the consent of both, there was a physical relationship between them.
The Delhi High Court on Tuesday said having sex with a 15-year-old wife is not rape. With the same reasoning, the court dismissed the appeal of the police against the acquittal of the accused in the case.
A bench of Justice Suresh Kumar Kait and Justice Nina Bansal Krishna said during the hearing that the woman was 15 years old when the husband and wife had physical relations. Under Section 375 of the IPC, if a man has sex with his wife, who is not less than 15 years of age, it cannot be considered a crime. The court said that in such a situation, there is no ground to allow an appeal against the decision of the lower court.
Earlier, the trial court had acquitted the accused. Additional Sessions Judge had said- According to the testimony of the woman, she had married the man in 2014. After this, with the consent of both, there was a physical relationship between them.
Both got married in 2014
The woman’s mother had filed a rape case against the man in 2015. The mother told that my daughter was living with her brother-in-law in her house since 2014. In December 2014, the girl married her brother-in-law and in 2015 she became pregnant.
When I came to know about my daughter’s pregnancy, I filed a rape case against my son-in-law. I did not know that the daughter had married her brother-in-law.
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