No marital rape on minor wife conviction in cases before 2017
PRAYAGRAJ, Oct. 16 -- The Allahabad high court, in its recent order, has held that a man can be convicted for having sexual intercourse with a minor wife of over 15 years age, only after Supreme Court's judgment in Independent Thought vs Union Of India (2017), and not prior to that.
Justice Anil Kumar, while relying on the Supreme Court judgement, set aside a 2007 conviction of one Islam alias 'Paltoo', against whom an FIR was lodged that he kidnapped a minor and later, had a physical relationship with her.
The apex court read down exception 2 to Section 375 (rape) IPC, which provided that sexual intercourse with wife above 15 years of age is not rape- to read as wife of 18 years of age or above. The SC, in its judgement, had specifically c...
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