Recently, the Delhi High Court has upheld the decision to acquit a Muslim individual in a case of sexual assault. The court stated that having physical relations with a 15-year-old wife cannot be considered a crime.

The division bench of Justices Suresh Kumar Kait and Neena Bansal Krishna of the Delhi High Court have upheld the trial court's order, which stated that under Section 6 and Section 5(1), of the Protection of Children from Sexual Offences (POCSO) Act, no offense is made against a person in regard to the testimony of a minor.

The victim stated that their marriage took place in December 2014, and physical relations between them occurred after the marriage. The High Court noted that since the 15-year-old victim was the alleged perpetrator's wife, having physical relations with her cannot be considered a crime.

Thereafter, the court acquitted the accused in this case.

The High Court rejected an application filed by the prosecution, which sought permission to appeal against the decision passed by the trial court on November 15, 2016. 

The trial court had acquitted the accused in a case of punishable sexual assault under Section 376 of the Indian Penal Code. The victim had stated that she married the accused in 2014, and her parents were unaware of the marriage.

Upon becoming pregnant, the victim's mother took the minor to the police station and filed a complaint. In her statement filed before the magistrate, the victim had stated that the accused had not engaged in any wrongful activity with her before their marriage. The mother of the minor had informed the court that her daughter had married the accused without her consent.