Consent Of Minor Is Not Consent
The Court further said the conduct of the man in getting the girl’s date of birth changed on the Aadhaar card was a serious offence.
“It seems that the applicant (man) wanted to take advantage by getting the date of birth on the Aadhaar card changed so that when the applicant established physical relationship with the complainant, she was not a minor,” 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,” the Justice added.
It is mentioned that an FIR was lodged in 2019 on basis of the complaint of the girl’s father that his daughter was missing. Later, the girl was rescued from Uttar Pradesh’s Sambhal district.