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
Dinesh v. State of Rajasthan , (2006) 3 SCC 771,
while granting minimum statutory sentence to the appellant under
Section ... Delhi 92, which while dealing with cases of statutory rape of
minors under Section 376 had summarized the principles and factors
which may be taken
incident and, therefore, it is not even a case of statutory rape.
63. The Trial Court has recorded conviction of the appellant, essentially holding that
Dinesh v. State of Rajasthan , (2006)
3 SCC 771, while granting minimum statutory sentence to
the appellant under Section ... Supp (5) Delhi 92, which while
dealing with cases of statutory rape of minors under Section
376 had summarized the principles and factors which
stated that a man is said to commit "rape" who has sexual
intercourse with a woman with or without her consent, when ... such activity may result in
prosecution of the offender for statutory rape. The woman below
the minimum age is regarded as the victim
promise to marry
or not amounted to a case of statutory rape punishable under Section 376 IPC.
Hence, the conviction of the appellant under Section
Sessions Judge,
Kollam on 7.9.2017.
2. This is a case of statutory rape. The victim was aged
only 17 years as on the date ... There is
something doubtful. Any way, what is alleged is statutory rape.
The consent of the girl does not assume any importance when
the allegations
there was no injury on her private parts. The offence of rape cannot be said to have been committed by the accused-appellant and therefore ... therefore, even if she gave the consent, there was statutory rape by the accused-appellant. His conviction and sentence by Trial Court was correct
been in love. Anyway, this is a case of
statutory rape. The victim was aged only 15 years. It is true
that all the instances ... petitioner with the victim,
this is a case of statutory rape, and the petitioner cannot
escape from the legal consequences under the POCSO
prosecturix, which reveals consent. The
incidence is one of statutory rape.
Looking at the facts and circumstances of the case and the
fact that ... been filed and that
prima facie the case is one of statutory rape, I am inclined to
allow the instant appeal and direct that
