rape by accused upon the
prosecutrix. It is argued that Exception to section 375 IPC
exonerates the accused, the husband of the prosecutrix ... married the prosecutrix and is entitled to benefit of
Exception to section 375 which defines rape.
As regards the age of the prosecutrix normally
Exception he cannot be considered to be innocent.
12. The Supreme Court had an occasion to consider the
provisions of Exception 2 of Section 375 ... Exception is arbitrary and needs to be struck down.
The Supreme Court in the said case has held as under :-
Exception 2 to Section 375
girl between 15 and 18 years of age is rape? Exception 2 to Section 375 of the Penal Code, 1860 ( IPC ) answers this ... girls are at stake; (ii) To strike down as unconstitutional Exception 2 to Section 375 of the IPC? in the present case
girls are at stake; (ii) To strike down as unconstitutional Exception 2 to Section 375 IPC -- in the present case this is also ... decide; (iv) To bring the POCSO Act in consonance with Exception 2 to Section 375 IPC -- this is also not a viable option since
girl between 15 and 18 years of age is rape? Exception 2 to Section 375 of the Penal Code, 1860 ( IPC ) answers this ... girls are at stake; (ii) To strike down as unconstitutional Exception 2 to Section 375 of the IPC ? in the present case
girls are at stake; (ii) To strike down as unconstitutional Exception 2 to Section 375 IPC -- in the present case this is also ... decide; (iv) To bring the POCSO Act in consonance with Exception 2 to Section 375 IPC -- this is also not a viable option since
girls are at stake; (ii) To strike down as unconstitutional Exception 2 to Section 375 IPC -- in the present case this is also ... decide; (iv) To bring the POCSO Act in consonance with Exception 2 to Section 375 IPC -- this is also not a viable option since
girls are at stake; (ii) To strike down as unconstitutional Exception 2 to Section 375 IPC -- in the present case this is also ... decide; (iv) To bring the POCSO Act in consonance with Exception 2 to Section 375 IPC -- this is also not a viable option since
Section 375 and Section 376 of IPC.
Section 3 of the POCSO is identical to the opening
portion of Section 375 of IPC whereas Section ... POCSO is similar to Section 376(2) of the IPC.
Exception 2 to Section 375 of IPC, which makes sexual
intercourse or acts of consensual
cannot be said to be a rape, in view of
Exception - 2 to section 375 of the IPC, which provides
that sexual intercourse or sexual ... rape.
Learned Counsel has further submitted that Exception 2 -
to section 375 of the IPC is held unconstitutional by the
Hon'ble Supreme Court
