Consent of minor for physical relation cannot be said to be of any significance: Allahabad HC

Justice Sadhna Rani Thakur rejected the bail application filed by Praveen Kashyap of Aligarh who solemnized marriage with a minor girl and they were living together as husband and wife.

Prayagraj: The Allahabad High Court has held that even if a minor girl leaves her home, solemnizes marriage and has physical relations with her consent, being a minor her consent cannot be said to be of any significance. Justice Sadhna Rani Thakur rejected the bail application filed by Praveen Kashyap of Aligarh who solemnized marriage with a minor girl and they were living together as husband and wife.

Counsel for the applicant argued that as per the statement of the victim under Sections 161 and 164 of CrPC, she was a consenting party. She herself left her home along with the applicant. As the girl is a consenting party and the applicant is languishing in jail since June 4, 2022, hence, prayer for bail is made, the counsel said.

Additional government advocate opposed the bail application and submitted that as per the certificate of the Higher Secondary School, Nahraula, Khair in Aligarh, the date of birth of the girl is May 10, 2006, and the incident is dated June 2, 2022, thus, on the date of incident the girl was minor, so she cannot be said to be a consenting party.

The court on Wednesday observed, Thus, after perusing the record in the light of submission advanced at the bar, taking overall view of the facts and circumstances of the case, I do not find it a fit case for bail. The bail application is hereby rejected. (PTI)