fanfic (driver) 09 November 2013
Can an accused person under section 366/37 IPC be set free from jail after spending 3 years in Jail.
Accused person is 25 years, victim is 15 years old on her own accord left her parents house to be with the accused person. Both are in love had consensual intercourse.
What is the accused person defence and can anyone please give Supreme court cases citations.
Any help much appreciated. Thank you so much.
T. Kalaiselvan, Advocate (Advocate) 09 November 2013
Even if there was a consensual s*xual relationship between the accused and the defacto complainant, since her age is only 15 years, it is defined as 'rape' in law. she cannot give her consent for her marriage at this stage even if she voluntarily went to him, hence accused has to face law.
Member Strength 9,47,564 and growing..
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
