Justice Jobin Sebastian made the statement in an order dated August 19, 2026, whereas dismissing a plea by the accused who claimed that the minor sufferer was his legally wedded spouse and that their marriage had been solemnised in line with Muslim non secular rites.
The accused had been charged below Part 375 of the Indian Penal Code in addition to the Safety of Youngsters from Sexual Offences (POCSO) Act, 2012. Insofar because the POCSO offences had been involved, the Courtroom stated that even when such a wedding had taken place below Muslim private legislation, it might not shield the accused from prison legal responsibility for the reason that woman was beneath the age of 18.
“Even assuming for the sake of argument {that a} marriage was solemnized as per Muslim non secular rites and ceremonies, the identical won’t salvage the petitioner’s prison legal responsibility, significantly for the reason that woman was seventeen years previous on the time of the alleged marriage and subsequent sexual acts. Undisputedly, the provisions of the POCSO Act apply if one of many events to the wedding is a minor, no matter the validity or in any other case of the wedding below private legislation,” the Courtroom acknowledged.
