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Independent Thought vs Union Of India on 11 October, 2017

31. It may be noted that the case cited by the learned P.P, that is, Independent Thought (supra) deals with the specific provision of exception 2 to section 375 IPC which prescribes that sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape and after a detailed discussion, the Apex Court has read down the provision to read as " Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape". This in the opinion of this Court has no relevance to the facts and circumstances of the case, the marriage of the Petitioner and the alleged victim not having been proved.
Supreme Court of India Cites 138 - Cited by 172 - M B Lokur - Full Document
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