sixteen years of age. Thus, on bare perusal of sixth
exception of Section 375 of the IPC, it becomes clear that the
applicant committed rape ... perused
the provisions contained in Section 375 , more particularly sixth
exception of Section 375 makes it clear that if the victim is below
16 years
Page numbers State Vs. Rakesh @ Vicky
Sec. 376 IPC will be applicable or not? "Sec. 375 Exception of the Penal
Code says that ... that is the case then
by virtue of Sec. 375 Exception IPC , the accused cannot be held liable for
the offence under Sec
offence
punishable under section 376 IPC is concerned, the present case falls under
the exception to section 375 inasmuch as Poonam is Jitender
taken
place on 28.08.2009. Thus, considering the aforesaid aspect and
provisions of Sections 363 , 366 and 376 of the Indian Penal Code, the
application does ... victim was
below 16 years. Thus, considering the 6th exception of
Section 375 of the Indian Penal Code, if the age of the victim
petitioners, who face prosecution for offences under Sections 363 , 366 , 366A and 376(i) IPC on the complaint of the 2nd respondent/defacto complainant, father ... would make applicable the exception to Section 375 IPC. Section 375 IPC defines offence of rape and the exception informs that sexual intercourse
accused. She has already attained majority.
13. As per the Exception to the Section 375 IPC, sexual
assault by a man with his own wife ... offence punishable under Section 376 IPC is
concerned, the present case falls under the exception to Section
375 IPC inasmuch as Poonam is Jitender
State Amendment- (Manipur) – In Section 375,
a) In clause sixthly, for the word “sixteen”,
substitute “fourteen”; and
b) In the exception, for the word “fifteen ... read as under:-“ 375. Rape – A man is said to commit
“rape” who, except in the case hereinafter excepted, has
sexual intercourse with a woman
under Section 439 of Cr.P.C for grant of
regular bail to the petitioner in case FIR No.365 dated 27.12.2007 under
Sections ... this Court has been invited to definition
of Section 375 of Indian Penal Code. Exception to the said definition reads
as under :-
"375. Rape
Junona forest to commit
rape upon her .
5. For conviction under section 376 IPC, testimony of prosecutrix,
though uncorroborated, is sufficient because it is neither ... years of age.
" Section 375 : Rape : A man is said to commit 'rape'
who except in the case hereinafter excepted has sexual
cannot be entertained as the provisions of Section 375 of the
Code of Criminal Procedure and Exception 6 thereof, would come into
play. Considering ... commission of alleged offence, provisions of Section 375
of the Code of Criminal Procedure, more particularly Exception 6
thereof, would come into play. The application
