The Allahabad High Court.
Credit: PTI Photo
Lucknow: The Allahabad High Court acquitted a man, who was convicted by the trial court for marrying and raping his 16-year-old wife in 2005 saying that the amendments made in the law relating to rape at a later stage can’t be applied retrospectively.
A single bench comprising Justice Anil Kumar-X, gave the ruling a few days back while allowing the criminal appeal of the husband challenging the order of the trial court convicting him of marrying a minor and raping her.
‘’Considering that the victim was above 16 years at the time of her marriage, it would be relevant to see whether her marriage at the age of 16 years could be held legal? In this case, both parties are Muslim and have performed marriage as per Muslim rites and customs. The victim has admitted that her Nikah was performed at Kalpi and the appellant has produced Nikahnama,’’ the court said.
The father of the girl had alleged that her daughter had been enticed away by the appellant, identified as Islam, when she had gone out to answer the call of nature in 2005.
Islam was later convicted under Section 363 IPC (kidnapping) and was sentenced for five years and fine of Rs 1,000. Similarly, he was held guilty for offences under Sections 366 (inducing to compel marriage) and 376 (rape) (IPC). He was sentenced for seven years under Section 366 IPC along with fine of Rs 1,000 and was also sentenced for seven years and fine of Rs 2,000 for offence under Section 376 IPC.
The High Court, however, said that there was no evidence showing that the victim was either enticed or kidnapped.
The court said that Article 195 lays down the pre requisites of valid marriage under Muslim law which states that ‘every Mahomedan of sound mind, who has attained puberty, may enter into a contract of marriage’.
The High Court said that Supreme Court’s ‘Independent Thought vs Union Of India, judgement of 2017, which declared that sexual intercourse with a girl below 18 years of age was rape regardless of whether she was married or not, applied prospectively and that it did not apply in the present case.
In view of the above, the present appeal is allowed and the appellant is acquitted of the charges, the court said.