If the girl is minor, the physical relationship with her amounts to rape since her consent was no consent
Sri Shib Sankar alias Subir Debnath vs State of Tripura
CRL.A (J) 4 OF 2015
About/from the judgment:
Section 375, 376 IPC conviction.
M.O.2 and M.O.3 were seized by I.O. on production by the informant and according to the prosecution those were love letters written by the accused to the prosecutrix. In the FIR also it was mentioned that the accused made love relationship with the prosecutrix. The accused and the prosecutrix are close neighbours. In her statement, the prosecutrix clearly stated that the accused proposed to make physical relation but she refused and the accused made assurance of marriage but she denied. That part of the statement of the prosecutrix remains un-rebutted. So, even if there was any relation of love between the prosecutrix and the accused, she being a minor girl below 16 years, the physical relation with her amounts to rape since her consent was no consent even if for argument sake it is accepted that she had made consent.
Read the Judgment
Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!