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Mohit Attri (lawyer)     18 August 2012

17.5 yr girl will considrd minor in rape case or not???

17.5 yr girl will considrd minor in rape case or not??? a 17.5 yr minor girl gave intoxication to thr parents at night time.and her neighour falsly promised with her tht he will marry her and did s*x with her.after tht neighbour  took away  the girl from thr house and against the will and with threat  her marriage soleminized with blind man who was 20 yrs older from tht girl and tht blind man started to use the girl for smuggling of intoxicated sustances from one state to another. girl areested with blind(40)% man at rajsthan and now on bail.now girl told all story to her father and police lodgd FIR  u/s 364,366,376,120-b. now what is releif to tht girl.  girl has been major now.



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 5 Replies

RAKESH PIPRODIA (ADVOCATE)     19 August 2012

The rape was done/ commited at the time when the girl was a minor, hence now attending the adult hood does not make any difference. The offence of rape is rape whether the victim is minor or adult. Age is immaterial.

1 Like

RAKESH PIPRODIA (ADVOCATE)     19 August 2012

The rape was done/ commited at the time when the girl was a minor, hence now attending the adult hood does not make any difference. The offence of rape is rape whether the victim is minor or adult. Age is immaterial.

Democratic Indian (n/a)     19 August 2012

She will be considred minor in rape case because she was minor at the time that act of s*x took place. If there is a case against her, besides finding technical faults and latches in the prosecution case, see if there is scope to convince the court that smuggling of intoxicating substances was done by force, ceorcion, terror, blackmail etc. etc. against her will and there was no mens rea, she was not aware what the substance was etc. etc. etc. etc. Sending her to jail for this will not serve the overall aim and ends of justice etc. etc. She is young and has a beautiful and happy life ahead of her provided the court takes this matter in a humane manner with empathy and sympathy.

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Nitish Banka (lawyer)     19 August 2012

In India 18 is the age of majority and it is a rape of a minor at 17.5 years

manish jeswani (lawyer)     19 August 2012

rape committed against any age of women is punshable offence . As far age of 17.5 years is concerned the girl may be minor butif she was consenting party then her is relevant but had been the girl below the ageof sixteen years even if she would have consented for s*xual intercourse it would have been immaterial as per provisions os sec 375 of ipc.Hence the consentof girl of 17.5 years has to be considerd material as can be seen from the facts narrated by u.Girl have to prove in the trial that she was not consenting party even if presumption is in favour of prosecution becoz the facts narrated showsa very improbable and inspiring story which i dont reckon court will rely upon to convict the accussed.


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