Supreme Court that this is commonly referred to as 'statutory rape'
in which the willingness or consent of a woman below ... committing such an offences (statutory
offence) it may reduce of committing such type of offences, more
particularly statutory offence. Considereg the facts of the present
Harish @ Hunny vs The State Govt. Of Nct Of Delhi on 22 May, 2018
Author
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
that the petitioner herein
enticed a 14 year old young girl and raped her. When she was
found missing her grand mother laid a complaint ... victim, if
established, it can indicate a statutory rape.
5. Having considered the fact that the investigation has
substantially progressed
minor girl. Though the
relationship was consensual, it amounts to statutory rape considering
the fact that the prosecutrix was below 18 years of age. However
prosecutrix claims that the
applicant who is her cousin had committed rape on her on 17 th April,
2018. Thereafter, on 28th June ... sexual relation with a minor with or without
consent , is a statutory rape. The applicant is in custody since 6 th
July, 2018. The investigation
appellant.
The allegations against the appellant is that he committed rape with the
Pr
prosecutrix, who is a minor. Learned counsel for the appellant ... below the age of consent, the
case is one of the statutory rape rather than one committed under force or
rt
coercion.
ou
Learned counsel
victim makes the act of the
petitioner amount to statutory rape. The medical report
corroborates the position, but the victim's statement appears
consent is of no
consequence.
The case is one of statutory rape.
The learned counsel for the applicant has submitted
that the applicant himself ... only 14 years old and the case is one of
statutory rape, that the applicant herein is in judicial
custody since 13.8.2017 and that
charges of rape. He is alleged to have taken away the
prosecutrix from the lawful custody of her parents and
committed rape with ... circumstances of the case,
that the case appears to one of statutory rape and that
the applicant herein is in judicial custody since