Man allegedly raped wife's minor sister, then claimed he married her too. Delhi HC acquits citing Muslim law

The Delhi High Court has recently reaffirmed the acquittal of a Muslim man who had been accused of sexually assaulting a 15-year-old girl.

The case pertained to an appeal lodged by the State against a prior judgment from November 15, 2016, which acquitted the accused man of charges under Section 376 of the Indian Penal Code (IPC).

The incident came to light through a first information report (FIR) filed by the child’s mother, asserting that during October and November 2014, while the child was alone, the respondent (who was the victim’s sister’s husband) visited their residence four to five times and committed sexual assault.

Subsequent medical examinations confirmed the girl’s pregnancy.

In the trial court, the victim reportedly attested that the accused was her elder sister’s husband. She recounted that in December 2014, along with her mother, the accused, and his wife, she journeyed to their ancestral home in Bihar to attend their cousin’s sister’s wedding.

Following the wedding, she entered into matrimony with the accused.

Notably, her parents were unaware of her marriage to the accused.

Upon returning to Delhi with her mother, the respondent-husband, and sister, she revealed that she had engaged in sexual relations with the respondent on multiple occasions.

After careful consideration of the case’s details, the Court determined that there were insufficient grounds to grant an appeal. Consequently, the application was dismissed.

The court noted that the girl, who is also a Muslim, was in fact his wife, and their physical relationship occurred after their lawful marriage.

A panel of judges, Justices Suresh Kumar Kait and Neena Bansal Krishna, ruled that the accused’s relationship with the victim does not meet the criteria for rape.

The judges cited the principles of Muslim personal law, which stipulate that a Muslim girl aged 15 or older can enter a marriage contract of her own choice. In such cases, engaging in sexual activity with the girl is not considered a criminal offense.

The High Court articulated, “Considering that the young victim was the man’s wife and nearly fifteen years of age, it would be inaccurate to label the respondent’s [the accused man’s] physical involvement with her as rape. The respondent’s acquittal is well-founded.”

The court also concurred with the Additional Sessions Judge (ASJ), who concluded that based on the child’s testimony, she had wed the respondent in December 2014, and only after their marriage did they engage in a physical relationship.

Consequently, no violation of Section 6 read with Section 5(1) of the Protection of Children from Sexual Offences Act (POCSO Act) was established.

The matter of permitting Muslim girls below 18 to legally marry is currently awaiting resolution in the Supreme Court.

In a previous ruling on June 13, 2022, the Punjab and Haryana High Court declared that according to Muslim personal law, a Muslim girl aged 15 or older has the legal capacity to enter a marriage contract of her choice.

The Delhi High Court similarly affirmed that under Muslim law, a minor girl who has reached puberty can enter marriage without parental consent and has the right to cohabitate with her husband.

In instances where sexual intercourse occurs only after the wedding, offenses under the POCSO Act will not be applicable.

The National Commission for Protection of Child Rights (NCPCR) subsequently appealed the Punjab and Haryana High Court’s decision, contending that endorsing such marriages would contradict both the POCSO Act and the Indian Penal Code (IPC), which stipulate the legal age of sexual consent as 18.

The matter remains pending before the Supreme Court.