Mere friendship doesnt give a person the proper to have intercourse with a minor: Delhi HC

Justice Girish Kathpalia made the comment whereas rejecting the declare of an accused of getting entered right into a consensual relationship with a woman, stating that “consent just isn’t lawful” in relation to a minor.

“Merely as a result of a woman befriends a boy, the latter can’t be given liberty to bask in sexual activity with or with out her consent. Further, even a consent wouldn’t be lawful within the current case as a result of the prosecutrix was a minor,” the court docket mentioned in an order on Thursday.

The court docket underlined the woman’s particular allegations within the FIR and her testimony concerning the man’s repeated sexual assault regardless of her protestations.

“I’m unable to search out it a case of consensual relations merely as a result of within the FIR the prosecutrix said that the accused/applicant together with his candy speak befriended her,” the court docket mentioned including that it was “not a match case to grant bail to the accused”.

The prosecution mentioned in April 2023, the person, working as a development labourer in Vikaspuri, Delhi, befriended the minor and raped her subsequently. The woman was threatened and the person continued to rape her until November 2023, it mentioned.

The accused, alternatively, claimed the woman was a serious on the time of the incident and he had consensual intercourse together with her.

The court docket thought-about the women’ academic information establishing her age as a minor.