record justifying the
conviction under Sections 363 and 366 of the Indian Penal Code.
So
far as Section 376 of the Indian Penal Code ... lost sight of
exception to Section 375 of the Indian Penal Code which reads as
under:
Sec.375 . ****
Exception:
Sexual intercourse by a man with
State vs . (I) Tejinder Singh @ Lucky Singh on 5 January, 2013
IN THE COURT OF
contended that the case of accused
falls within the exception to Section 375 Pre-Amended. It was argued that
though in her school record ... provisions of Section 375 IPC Pre-Amended will be applicable in
the present matter. Rape is defined under Section 375 IPC and relevant
portion
voidable and the girl has the right to
approach the Court under Section 3 of the PCM Act to
get the marriage declared void till ... below the age of 15
years, is an offence under Section 375. No exception can
be made to the said constitutional mandate and the same
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
voidable and the girl has the right
to approach the Court under Section 3 of the PCM Act
to get the marriage declared void till ... below the age of
15 years, is an offence under Section 375. No
exception can be made to the said constitutional
mandate and the same
case of offence under Section 376(1) IPC and also
there being no evidence to establish the charge under Section 417
IPC, the learned trial ... mention of the age of the victim girl. Under 6th Exception of Section
375 IPC, the consent is material if the victim is below
clause to Section 375 IPC, which runs as
under:
375. RAPE :- A man is said to commit "rape" who, except
in the case ... that the Indian Penal Code ,
1860 acquiesces child marriage. The exception to
Section 375 specifically lays down that sexual
intercourse of man with
B.S.N.L vs Telecom Regulatory Auth.Of India & Ors on 6 December
Rule on behalf of respondent-State.
2. This
application is filed under Section 439 of the Code of Criminal
Procedure Code for regular bail ... married as per the Hindu Rites and ritual and exception No. 2 of
Section 375 of the IPC and considering the offence as
alleged
