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
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
consented is not sustainable. The version of the victim that she
was raped was duly corroborated by the medical evidence and the
result ... conflict with the law, we are
of the view that the aforesaid statutory provision should
be the basis for determining the age, even
victim girl.
39. The consensual sexual intercourse with a minor
constitutes statutory rape and is punishable under law. The objective of the
Protection of Children
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
2025 21:31:06 :::CIS
14 ( 2025:HHC:27865 )
"rape". This is its novel feature, but it is scarcely a new
idea ... were often colloquially
known as "statutory rape". This is because the law
regards the attitude of the victim of this behaviour as
.
irrelevant
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
credible evidence, the accused cannot be
convicted under the clause of statutory rape and is entitled to
an acquittal where the evidence of rape itself
minor at the
time of occurrence, no case of statutory rape under Section 376 IPC would be
made out either. What is also of importance
sexual intercourse under
the age of 18 years is considered statutory rape and is punishable under
law. Therefore, the argument advanced by the learned counsel
