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HomeNATIONDelhi High Court: 'Minor's consent is not consent,' HC rejects bail to...

Delhi High Court: ‘Minor’s consent is not consent,’ HC rejects bail to rape accused

Delhi High Court: The permission of a minor is not consent in the eyes of the law, according to the Delhi High Court, while rejecting bail to a man accused of raping a 16-year-old girl and changing her date of birth on her Aadhaar card.
The high court further declared the man’s actions in changing the girl’s date of birth on her Aadhaar card to be a “serious crime.”

“It appears that the applicant (guy) tried to exploit the situation by changing the date of birth on the Aadhaar card so that when the applicant developed physical interaction with the complainant, she was not a child.”

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Consent of a minor is no consent in the eyes of law, High Court rules

Justice Jasmeet Singh said in a recent order, “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 for grant of bail. Consent of a minor is no consent in the eyes of law.”

An FIR was filed in 2019 when the girl’s father reported that his daughter was missing. The girl was later found, rescued, and returned from Uttar Pradesh’s Sambhal area.

The girl who was discovered with the man stated in her statement before a magistrate that he was her boyfriend and that she had been with him for approximately a month and a half.
She went on to say that the man had physical interactions with her consent and that she wanted to stay with him.

The individual requested bail because he had been in detention since 2019 and the chargesheet had been submitted.

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Applicant got her date of birth changed in the Aadhaar card

 The Judge remarked, “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.”

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