under Section 375 of the IPC, it is
germane to notice Section 375 of the IPC from its inception. The
genesis of Section 375 ... present case concerns the amendment to Section 375 of the
IPC.
20. Section 375 of the IPC came to be amended with effect
from
does not attract Section 376 of
- 19 -
CRL.A No. 1524/2016
IPC in view of Exception 2 to Section 375 ... Exception 2 to Section 375 IPC the sexual cohabitation by a
man with his wife if she was above 15 years was not rape.
Though
offence
under Section 376 of IPC is impermissible on
account of the exception (2) to the proviso to
Section 375 and contends that the said ... girls are at stake;
(ii) To strike down as unconstitutional
Exception 2 to Section 375 of the IPC - in the
present case this is also
rape in this case has taken
place between 07.04.2010 and 10.06.2010. Section 375 of
I.P.C., as it stood prior to 2013, defines rape ... regard to 6th explanation to Section 375 and the legal
exception to section 375 that sexual intercourse by a man
with his own wife
more ground for holding that Exception 2 to
Section 375 IPC is discriminatory is that this is the only
provision in various penal laws which ... given the immunity in any other
penal provision except in Exception 2 to Section 375 IPC.
It does not stand to reason that only
have committed sexual
assault. Now, it is relevant to refer Section 375 exception
2 of the IPC which reads thus under:
"Sexual intercourse ... allegation against the
petitioner in respect of offence under Section 376(2)(n)
could not be attracted against the petitioner and therefore,
the petitioner
Section 376 of IPC would not attract against the
petitioner.
5. It is further submitted that there is an exception -
II appended to Section 375 ... arranged
marriage. Therefore, it is appropriate at this stage to refer
Section 375 exception (2) of IPC , which reads thus:
"Exception 2 - Sexual intercourse
against the petitioner for the reason that there
is some exception to Section 375 of IPC. Even though the
victim has recorded the statement ... committed sexual intercourse.
Now, it is relevant to take note of Section 375 Exception
(2) of IPC which reads thus:-
"375. Rape
marriage. Now it is relevant to refer to the
provision under Section 375 exception 2 of IPC which
reads thus
submits the
learned counsel.
6. The learned counsel read out Section 375(sixthly) of
the Indian Penal Code to buttress the submission that
holding ... amount to rape. Nextly, he also read out the second
exception to Section 375 of IPC, which is as follows: "Sexual
intercourse
