OnLine Del 1611 which while dealing with cases of
statutory rape of minor, had summarized the principles and the
factors which may be taken into
girl,
when she is under 18 years of age, amounts to
rape. Similarly, Sections 4 and 6 of POCSO
Act, deals with penetrative and aggravated ... even if it is so done, it
would be statutory rape.
(c) Despite the fact that the petitioner, who is a
23 years
sexual intercourse but all the above factors point out towards
just statutory rape.
(j) Section 375(d) (sixthly), states that sexual intercourse,
even with
applicant
was minor, the present case is a case of statutory
rape and further that there is possibility of the
applicant influencing the witnesses
considering the prosecutrix's age, it would still be the statutory rape.
Learned AGA has opposed the prayer for bail.
Considering the overall facts
applicant submits, shows that it is a case of consent, where rape is ruled out.
Learned A.G.A. has opposed prayer for bail ... Going by her statement it would be a case of statutory rape.
Considering the entire submissions, the facts and circumstances on record, the evidence appearing
months old and that this was a
case of statutory rape and that the applicant could not
claim any relief on the ground that
present
case it could certainly be a case of statutory rape but, at
present, this court is dealing with the question as to
whether
charge sheeted). As per the
prosecutrix, the appellant thereafter committed statutory rape on her.
3. Learned counsel for the appellant submits that the Trial Court
fifteen) years of age when she was subjected
to statutory rape by the petitioner. Further contention of learned Additional Public Prosecutor
is that the petitioner