KOCHI: The Kerala High Court has held that a Muslim man who has sexual intercourse with his minor wife is liable under the Protection of Children from Sexual Offences (POCSO) Act, irrespective of the marriage’s validity under Muslim personal law.
The counsel for the man submitted that he had married the girl in 2021, when she was 17 years and one month old, in accordance with Islamic religious rites in the presence of both families. The marriage was admitted by the girl, the qazi of the mosque where it was solemnised and the girl’s brother in their statements to the police.
The court, however, said even assuming that the marriage was solemnised in accordance with Muslim religious rites and ceremonies, it would not absolve the man of criminal liability, particularly as the girl was 17 years old at the time of the alleged marriage and subsequent sexual acts.
“Undisputedly, provisions of POCSO Act apply if one of the parties to the marriage is a minor, irrespective of the validity or otherwise of the marriage under Muslim personal law,” the court said.
The prosecution alleged that the man had kidnapped the girl, took her to his residence, and raped her repeatedly from October 23, 2021 to October 26. And, despite being aware of his alleged offence, the parents of the victim girl failed to take her back or report the matter to the authorities concerned, the prosecution alleged.