Marriage With Victim After She Attains Majority Doesn't Absolve Accused Of Rape Committed When She Was Minor: Delhi High Court

The Delhi High Court has held that marriage between an accused and the prosecutrix after she attains majority cannot absolve the accused of criminal liability for acts of rape allegedly committed when she was a minor.Justice Girish Kathpalia observed,“Of course, as per documents on record, on 12.02.2026, the accused/applicant got married with the prosecutrix through Nikahnama. But that does not absolve the accused/applicant of his repeated acts of rape when the prosecutrix was minor in age.”The bench thus rejected the bail application filed by the applicant who is booked under provisions of the Bharatiya Nyaya Sanhita (BNS) and the Protection of Children from Sexual Offences (POCSO) Act.As per prosecution, the applicantaccused had established a relationship with the prosecutrix when she was around 16 years old and repeatedly engaged in sexual relations with her on the false promise of marriage. It was further alleged that she became pregnant twice during this period and underwent abortions at the instance of the accused.The Court noted that although the accused later married the prosecutrix after she attained majority, such subsequent marriage cannot erase the alleged offences committed when she was a minor.Rejecting the argument that the marriage warranted grant of bail, the Court observed,“It is only after the accused/applicant was arrested and was in jail that he agreed to get married with her…Clearly, the marriage was performed by the accused/applicant simply as a ploy to get himself bailed out, having committed repeated rapes of a minor girl, as alleged by her in the FIR and statement under Section 164 CrPC.”The Court also expressed skepticism regarding the prosecutrix's testimony during trial, where she retracted from her earlier allegations. Noting that she was a law student, the Court found it difficult to accept that she was unaware of the contents of her complaint or had made statements under pressure without understanding their implications.“Prosecutrix is a law student and prima facie, I find it difficult to believe that she is so gullible that she would simply sign such a serious complaint and give it to the local police,” it said.As such, the Court held that the material on record, including the FIR and statement under Section 164 CrPC, prima facie disclosed serious allegations and denied bail.Appearance: Mr. Hemraj Murmu, Mr. Arun Kumar Bharti and Mr. Tanay Jareda, Advocate for Petitioner; Mr. Sanjeev Sabharwal, APP for State with IO/SI Shakuntala, PS Jamia Nagar for RespondentCase title: Gayassudin v. StateCitation: 2026 LiveLaw (Del) 376Case no.: BAIL APPLN. 1087/2026Click here to read order

Marriage With Victim After She Attains Majority Doesn't Absolve Accused Of Rape Committed When She Was Minor: Delhi High Court

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Marriage With Victim After She Attains Majority Doesn't Absolve Accused Of Rape Committed When She Was Minor: Delhi High Court

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