Not Required To Check Aadhaar Card Before Consensual Sex: Delhi High Court

The Delhi High Court observed that a person, who is in a consensual physical relationship, need not check an Aadhaar and a PAN card and verify the date of birth before having sex with his partner.

Justice Jasmeet Singh was hearing the bail plea of ​​a man accused of raping his alleged minor partner with three different dates of birth on her record on which the court was of the view that she was not a minor at the time of the alleged rape.

The recent said, “The person, who is in a consensual physical relationship with another person, is not required to judicially scrutinize the date of birth of the other person. He is not required to see an Aadhaar card, or PAN card and verify the date of birth from her school record before he enters into a physical relationship.”

It further added, “The very fact that there is an Aadhar Card and the very fact that the same shows date of birth as 01.01.1998 is sufficient for the applicant to form an opinion that he was not indulging in a physical relationship with a minor.”

Another factor that prompted the grant of bail was the prosecution’s (huge amount of money transferred on behalf of the girl), the court also said, pointing to the “inordinate delay” in registering an FIR in the matter. The Judge said, “I am of the view that in the present case, there is much more than what meets the eye.”

The judge also said that the case is not as it seems. Citing the example of another similar case, the judge said that in some cases money has also been taken under the guise of such charges. Therefore, the judge ordered the police to investigate whether there is any kind of ‘honey-trap’ in this case.