Consensual sex with major not 'offence' but 'immoral': Allahabad HC

The Allahabad High Court, while rejecting the bail plea of a gang-rape accused on Saturday, held that consensual sex with a major is not an "offence" but is "unethical, immoral, and against established Indian tradition".

Dismissing the bail plea of one of the four accused in the case, Justice Rahul Chaturvedi said that it was the duty of the man, claiming to be the minor's boyfriend, to protect her when she was being sexually assaulted by the other co-accused.

"The moment the applicant submits that the victim is his beloved, it becomes his binding duty to protect the dignity, honour and reputation of his girlfriend. If a girl is major, then having sex with her consent is not an offence, but certainly, it is unethical and immoral, and also not in consonance with the established social norms of the Indian society," he said.

The court termed the act of the applicant "highly deplorable and unbecoming of a boyfriend" and stated that "he remained a mute spectator when the co-accused were brutally assaulting his beloved in front of him".

According to the FIR, on February 19, the victim, a resident of Kaushambi district, had gone for her stitching lessons at an institute and spoke to her boyfriend Raju and they both planned to meet.

Later, they met at a secluded place near a river. It was here that the three other persons came, abused and beat the applicant, and committed the crime.

On February 20, an FIR was lodged by the 15-year-old victim against four accused under various sections of the Indian Penal Code including rape, assault, and criminal intimidation of the IPC and Sections 5 and 6 of POCSO Act at Akil Sarai police station of Kaushambi.