‘Sex With 16-Year-Old Wife In 2005 Not Rape’: Allahabad HC Acquits Man, Notes Couple Did Nikah

Last Updated:October 16, 2025, 22:08 IST

Since the alleged offence took place in 2005, the law applicable was the pre-2017 exception, which protected a husband from the charge of rape if his wife was above 15 years of age

The HC set aside the trial court’s 2007 decision, which had sentenced the appellant to seven years of rigorous imprisonment under Sections 363, 366, and 376 of the Indian Penal Code (IPC). (File pic)

The Allahabad High Court has overturned the conviction of a man, Islam alias Paltoo, in a 2005 case involving the alleged kidnapping and rape of a minor, ruling that the victim’s marriage, solemnised at the age of approximately 16, was not void under Muslim Personal Law and that the sexual relationship was not punishable under the law applicable at the time of the offence.

A single-judge bench of Justice Anil Kumar set aside the trial court’s 2007 decision, which had sentenced the appellant to seven years of rigorous imprisonment under Sections 363, 366, and 376 of the Indian Penal Code (IPC).

Voluntary Elopement, Not Abduction

The trial court’s conviction for kidnapping was negated after the High Court scrutinised the victim’s own testimony. While the victim’s father alleged she was enticed away, the girl admitted during cross-examination that she left her home voluntarily to accompany the appellant. She detailed travelling with him and performing a Nikah ceremony at Kalpi, after which they lived as a married couple for a month in Bhopal.

Citing the Supreme Court’s 1973 judgment in Thakorlal D Vadgdama v State of Gujarat, the court emphasised the distinction between “taking" (a physical act of causing movement) and merely “allowing a minor to accompany".

“In the foregoing circumstances it can be safely concluded that prosecution has failed to lead any evidence to suggest that victim was either ‘enticed’ or ‘taken’ by appellant," the court held. This finding led to the acquittal on charges under Sections 363 (kidnapping) and 366 (abduction).

Prospective Effect of Marital Underage Rape Ruling

Addressing the charge under Section 376 (rape), the High Court found that the victim’s age, determined by an ossification test to be above 16 years, made the marriage valid under Muslim Personal Law, where puberty (presumed at age 15) is the benchmark for capacity to contract marriage.

Furthermore, the court addressed the crucial matter of marital rape law. The physical relationship between the couple occurred after the marriage was solemnised. The HC noted that the landmark 2017 Supreme Court ruling in Independent Thought v Union of India, which struck down Exception 2 to Section 375 of the IPC (thereby making sexual intercourse with one’s wife below 18 years of age a crime), explicitly stated that its judgment would have a prospective effect.

Since the alleged offence took place in 2005, the law applicable was the pre-2017 exception, which protected a husband from the charge of rape if his wife was above 15 years of age.

“Therefore, appellant cannot be held guilty for commission of rape because victim at the time of occurrence was above 16 years and physical relations between the two had taken place after solemnisation of their marriage," the judgment concluded.

The appellant, who had been on bail, was formally acquitted of all charges, and the trial court’s record was ordered to be remitted.

Salil Tiwari

Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr...Read More

Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr...

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