without her consent - is rape. This is commonly referred to as ‘statutory
rape’ in which the willingness or consent of a woman below ... rape’. Firstly sexual intercourse with a girl below 18 years of
W.P. (C) No. 382 of 2013 Page 20
age is rape (statutory rape
sexual activity
thereby throwing any sexual conduct within the confines of statutory rape. Such
laws already existed in the presidency towns of Calcutta, Madras ... intercourse with a girl under the age of twelve
would be statutory rape regardless of the marital status of the aggressor with
the victim
consent per se
becomes irrelevant and the act shall qualify as
statutory rape nevertheless. However, even if
the argument of consent is to be considered ... medical investigation
was conducted much after the first incidence of
rape was committed.
22. The issue of delay shall also be
inconsequential to the case
rape had been committed by even one of the accused all will
be guilty irrespective of the fact that she has not been raped ... cases of gang rape the proof of
completed act of rape by each accused on
the victim is not required. The statutory
intention in introducing
cases of gang rape the proof of completed act of rape by each
accused on the victim is not required. The statutory intention in
introducing ... gang rape. In such circumstances, it is not necessary that the prosecution
should adduce clinching proof of a completed act of rape by each
sensitivity and not adhering to the statutory provision
that when there is an allegation of rape, the pregnancy
can be terminated. The High Court directed ... statutory
provisions and the concept of purposive interpretation,
has been accepted.
39. In the case at hand, the appellant is a victim of
rape
speaks about the punishment for rape. Sub-
section(2)(f) makes it clear that whoever commits rape on a
4
woman when she is under ... years.
8) It is clear from the above statutory provision that for the
offence of rape on a girl under 12 years of age, punishment
police station to lodge the complaint
of gang rape. It was further submitted that in these circumstances, the
delay on the part of the petitioners ... Code provides for
medical examination of the rape victim and casts a statutory duty upon the
police to send the woman making the complaint
rape had been committed by even
one, all the accused will be guilty irrespective of the
fact that she had been raped ... cases of gang rape the proof of completed act
of rape by each accused on the victim is not
required. The statutory intention in introducing
serious offences like murder, rape, etcetera, an accused cannot be
6 of 21
allowed to abuse the statutory protection afforded to him by attempting ... like sexual molestation, rape, gang
rape, murder and host of other offences, the
accused cannot be allowed to abuse the statutory
protection by attempting
