rape

Querist : Anonymous (Querist) 11 September 2010 This query is : Resolved
in the influence of modern movies my two neighbours childrens involved into physical relation ship (boy 16 years, girl 14 yrs)when the parents of the girl came to know about this they went to the police and the boy was arrested and was booked for raping a minor girl..
though the boy was released on bail and the case has been not began in court what do the law says in these matter where both girl and boy were minor and they on their own consent keept the physical relationship.

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s.subramanian (Expert) 11 September 2010
Since the girl is below 16 years she is incapable of giving consent. Hence it is a case of rape as per the decision of the Supreme court of India rendered in the case of Deelip Singh Vs State of Bihar reported in 2005 volume 1 SCC 88.

Devajyoti Barman (Expert) 11 September 2010
Yes right.

Parthasarathi Loganathan (Expert) 12 September 2010
Boy must me sent to Juvenile home and given adequate counselling to assure the parents of the victim that they should be legally wedded on attainment of majority. Several voluntary organisations have successfully undertaken such Samaritan tasks to wipe out such social stigma and erasing bad precedents.

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