Subsequent Marriage With Survivor No Ground to Escape Liability in Minor Rape Case: Delhi High Court

The Delhi High Court held that marrying the victim after she attains majority does not absolve an accused of rape committed when she was a minor.

The Court emphasised that offences under the POCSO Act are serious and cannot be negated by subsequent developments like marriage. It observed that such marriages may even be attempts to secure bail and do not erase past criminal liability.

Since the victim was below 18 at the time of the alleged acts, her consent is legally irrelevant.

The Court reiterated that child protection laws prevail, and guilt must be assessed based on the circumstances at the time of the offence.

[Gayassudin v. State of NCT of Delhi]