Can’t Verify Aadhaar Card Before Consensual Sex, Says High Court On Minor’s Rape Charges

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Can’t Verify Aadhaar Card Before Consensual Sex, Says High Court On Minor’s Rape Charges

Hearing a First investigation report (FIR) filed on the alleged rape of a minor that took place in 2019 and 2021, the High Court has said that there might be more to the case than what may fall to the eye. As per the complaint filed, the complainant was a minor when the accused indulged in a physical relationship with her. However, the accused has argued that the complainant was a major as per her aadhaar card. 

On the basis of the evidence provided, Justice Jasmeet Singh suspected it to be a honey-trapping case, where the complainant might have used romantic or sexual relationships for interpersonal or monetary benefits. Ruling for further investigation into the case, the judge stated that the accused does not necessarily need to look into the partner’s date of birth before consensual sex. 

Three Different Date Of Births And A Possibility Of A Series Of Honey-Trapping Cases

Granting bail to the accused, Judge Singh ruled that a person in a consensual physical act is not required to judicially scrutinise the date of birth of his partner. They don’t necessarily have to verify through government documents such as the Aadhaar card, PAN card, and school records before engaging in sex. 

Weakening the argument of the complainant further was the fact that the alleged minor partner had “three different dates of birth”, according to official documents. Based on the Aadhar card that shows the date of birth as 01.01.1998, the complainant would not be a minor during the time of the relationship, and that proves sufficient grounds for the accused to form an opinion that he was not physically involved with a minor.

The accused had also claimed that the prosecutrix had conveniently provided him with a date of birth that showed that she is not a minor, only to later invoke provisions of POCSO upon him. 

It was also noted that the accused had transferred huge amounts of money to the prosecutrix, which caused the bench to believe a possibility of blackmail. As per a report by the NDTV, the court said that prima facie, it seemed to be a clear case of honey-trapping and instructed the police commissioner to conduct a detailed probe in the matter. Justice Singh also said that there were no satisfactory reasons given for the “delay” in the FIR registration after the alleged incident took place in 2019 and 2021. 

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