The Madhya Pradesh High Court said that a minor’s ‘consent’
for sex is no consent while setting aside a session’s court acquittal of an
accused in a child rape case. The session’s court had based the acquittal on
medical report, which said there was no injury on the survivor’s body, and
noted that she did not raise an alarm when the assault took place. This gives
sufficient reason to believe that it was consensual sex, the lower court felt.
Since the High Court noted that the girl was less than 14 years old, and said
that even if she had consented, it couldn’t be treated as “consensual sex”.
Hence, an offence under Section 376 IPC is disclosed.
TIMES OF INDIA NEWSPAPER
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