SECTION 19 READ WITH SECTION 21 OF THE POCSO ACT SHALL
OVERRIDE THE RESTRICTIONS IMPOSED UNDER SECTION 198(1) READ
WITH SECTION ... reconciled the POCSO Act with IPC and held that Exception 2 to Section 375
IPC shall now read as "Sexual intercourse or sexual acts
section (4) of section 376 of IPC is distinct
from the term 'his own wife' provided in exception 2 of section
375 ... years of age is a rape?
Considering exception 2 to section 375 of IPC, the Hon'ble
Supreme Court has answered that Exception
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
woman under circumstances falling in any of the six
exceptions provided under Section 375 of the Penal Code. In
the present case, we are concerned ... opinion, is rape and covered by exception
Clause fourthly of Section 375 of the Penal Code.
27. Delay in lodging of the First Information
Report
appellant had kidnapped the prosecutrix.
4. The prosecutrix in her statement under Section 164 CrPC admitted
that the appellant married her and a Nikaah ... have been convicted
for offence punishable under Section 376 IPC in view of the exception to
Section 375 IPC, for the reason, even
rape which is
punishable u/s. 376 IPC and rape has been defined in Section 375 IPC
as under:
375. Rape.--A man is said ... Justice has
held that the case was covered in exception to Section 375 IPC. In the
State V PATI
this section, "sexual intercourse" shall mean any of the
acts mentioned in clauses (a) to (d) of section 375 .
13. Section 198B ... against her will amounts to rape punishable u/s 376 IPC. Exception 2 of
Section 375 IPC provides that sexual intercourse or sexual acts
with the prosecutrix then also the present case fall
under Exception II of Section 375 IPC in as much as sexual intercourse ... present matter cannot be even remotely
touch the periphery of Exception II to Section 375 IPC.
In fact in a recent judgment delivered
date of evidence and 18 years in her statement recorded U/s 164
Cr.P.C . In the present case the prosecution has also ... being under 15 years is not rape as per exception to
Section 375 IPC. For the foregoing reasons I am of the considered view that
copy of Nikahnama is also placed
on record. Under Section 375 (4) IPC, a man is said to have committed rape
if he has sexual ... until the wife is below fifteen years of age (Exception to Section 375
IPC). It is not the case of the complainant that the consent
