The Monthly Episode November Page 8

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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!

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Highlights

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

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Interview with the one and only - Divya Handa Khera

Delhi’s air pollution crisis

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