question posed before the Apex
Court was about the exception 2 to Section 375 and as to whether a
man committing sexual intercourse or acts ... that since rape is an
offence under IPC (subject to Exception 2 to Section 375)
while penetrative sexual assault or aggravated
penetrative sexual assault
acts
mentioned in clause (a) to (d) of section 375 .
17. Section 376-B is extracted hereunder;
"376-B. Sexual intercourse by husband upon ... this section, "sexual intercourse" shall
mean any of the acts mentioned in clauses (a) to (d) of
section 375 .
18. Thus, exception
question posed before the Apex
Court was about the exception 2 to Section 375 and as to whether a
man committing sexual intercourse or acts ... that since rape is an
offence under IPC (subject to Exception 2 to Section 375)
while penetrative sexual assault or aggravated
penetrative sexual assault
relevant time, is protected by the Exception 2
to Section 375 IPC. The Exception 2 to Section 375 IPC provides as under:
Sexual intercourse ... date of decision
11.10.2017, has amended Exception 2 to Section 375 IPC by removing the
phrase "the wife not being under
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
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
submitted that the offence of
rape is made out.
Exception-2 to Section 375 IPC specifically state that a
sexual intercourse by male with ... victim also rule out offence under Section 376 IPC
because of Exception 2 to Section 375 IPC.
Smt. Mukesh Devi, complainant mother of petitioner, victim
relevant
time, is protected by the Exception 2 to Section 375 IPC. The Exception 2 to
Section 375 IPC provides as under:
Sexual intercourse ... under section 6 r/w section 5 (l) of
POCSO Act against the accused Ravi due to the Exception 2 to section 375 IPC.
Digitally
question of any rape within the meaning of exception to
Section 375 IPC as the case at hand, would fall in that
exception, and therefore ... years. Therefore, as per the
definition of rape and exception provided thereto under Section 375 IPC,
sexual intercourse by man with his wife, wife
