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Head Note

Indian Penal Code,1860  - Section 376

Conviction and sentence - Trial Court acquitted - High Court reversed and convicted under Section 376 IPC - Sentenced imprisonment of 7 years and fine - Appeal - Prosecutrix herself stated - She had sex with appellant on several occasions - Delay of over 8 months in lodging FIR - No offence under Section 376 IPC - Sex with woman above 16 years with consent is not rape - Impugned judgment of High Court set aside - Appeal allowed.

Topic(s)-

Important Decision(s)- 

• Prosecutrix stated - She had sex with appellant on several occasions - Not rape.
• Sex with a woman above 16 years of age with her consent is not rape.