The Monthly Episode November Page 8
top of page
Previous Page
The court opined, “If the union is participatory in nature, there is no reason to indict only the male just because of the peculiar nature of anatomy of the sexual organs of different genders. The psyche of the parties and the maturity level of the victim are also relevant factors to be taken into consideration to decide whether the penetration was a unilateral and positive act on the part of the male. Hence, seen in proper perspective, the act alleged, even if proved, could not tantamount to penetration sufficient to attract Section 3 of the POCSO Act, keeping in view the admitted several prior occasions of physical union between the accused and the victim and the maturity of the victim.”
The court further opined, “Although the question of consent does not arise in case of a minor, in order to attract Section 376(1) of the IPC, it had to be established that the alleged offence was committed against the will of the victim. Read in conjunction, the provisions of Section 376 of the IPC and Section 3 of the POCSO Act ought to be construed on a similar footing and cannot incriminate the accused for a voluntary joint act of sexual union.” Observing these arguments we can say, Justice has been delivered! But noticing the missing links in this case what if we take another angle of this case that could be, proposal of marrying out of fear of this society which is common in India and because even after consent or being in relationship, rape is still rape!
Next Page

हाइलाइटहरू

FROM THE EDITOR

FROM THE EDITOR

A good time to be Adani rather than Khan in India

A good time to be Adani rather than Khan in India

Stop discriminating just because it was a guy

Stop discriminating just because it was a guy

“Stranger Things”

“Stranger Things”

Reluctant for an expensive haircut, if they do it wrong, it can fetch you around 2 crores

Reluctant for an expensive haircut, if they do it wrong, it can fetch you around 2 crores

Interview with the one and only - Divya Handa Khera
Delhi’s air pollution crisis

Interview with the one and only - Divya Handa Khera

Delhi’s air pollution crisis

​

​

​

bottom of page