Last week I felt sad. I had to argue two cases of statutory rape in Supreme Court.
In both cases, girls were slightly less than 18 years. The boys were slightly above 18 years.
In each of these cases, the girl had eloped from the home with boy. They traveled to several cities. Stayed in hotels as husband and wife. At some places, they lived in a rented room.
In each case, their honeymoon lasted less than 15 days. Then boys were arrested.
In both cases father had lodged complaints against boy on two counts. 1) For abducting minor girl from custody of father. 2) And of Rape under sec 376.
The boys were arrested.
Trial was held.
But there was nothing much to prove.
Once girl is proved to be below 18 years, the offense of Statutory Rape is proved.
Consent of girl below age 18 has no value. The Statutiryvl Rape stood proved.
The lives of boys ruined. They were sent to jail.
Trial court and High Court both convicted boys.
Now they have approached Supreme Court.
What can I argue? These are cases of statutory presumed rape. Maximum I can ask is for reducing sentence of jail
In other country, a zone of three years is created. This is scientific also.
Maturity, minority or majority mindset of a boy or girl are variable by 3 to 5 years as per psychologists.
In India, no one has yet argued this proposition. It is unpredictable, when Supreme Court will consider this Zone of three years.
I hope for early progress in law of statutory rapes in India.
Haresh Raichura
12/05/2016
