eyes of law. Such an act would mean to statutory rape as one
of the said persons is legally too young to consent
primarily by
virtue of Sec. 375 of I.P.C./defines rape. The rape being a
crime that can only to be committed against ... which age of consent is immaterial and sexual
activity amounts to statutory rape.
13) ...................
14) The scheme of POCSO Act does not define
girl below 18
years of age constitutes rape irrespective of consent, due to the statutory bar. Since the
POCSO charge has not been sustained ... whether there was
lack of consent in fact, as opposed to statutory rape.
27. In the instant case, the prosecution has relied heavily
conduct would not
absolve the accused of criminal act of 'statutory rape' under the
provisions of the POCSO Act .
21. Once the prosecution
taken into consideration, as it would
be a case of statutory rape. The learned counsel for the appellant
submits that it would be necessary ... prosecution is that this would be a
case of statutory rape as it is the case of the prosecution that she was
below 16 years
their contention that in any event,
the offence of statutory rape has been proved against the accused.
Similarly, it is argued that the victim
relationship was also consensus in nature. Only
because it amounts to statutory rape as the victim was unable to
legally consent for consensual relationship
applicant
was minor, the present case is a case of statutory
rape and further that there is possibility of the
applicant influencing the witnesses
being below 18 years of age, such physical /sexual relationship
constitutes statutory rape. As a consequence thereof the Applicant,
who is himself 19 years
prosecutrix, even with consent of the prosecutrix, would prima faice
constitute statutory rape.
4. Be that as it may, it is seen that the charge