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Legal Techie (Men's Rights Activist)     13 June 2008

How can minor Rape attract 498A?

This is very strange...
As per this news story in the TOI among other sections, IPC 498A is also filed by the police.
Can someone clarify, how is it possible in a rape case on 15 yr old girl? Obviously she's not married at this age!


Learning

 4 Replies

Prakash Yedhula (Lawyer)     13 June 2008

You are absolutely correct. 498 A has no role to play is this case on the facts given. May be it is a mistake. Even if such a section is put up by the police the court cannot take cognizance of the same.

Legal Techie (Men's Rights Activist)     13 June 2008

Cool, thanks for the clarification, Mr. Yedhulaprakash.


I think we can ofcourse 'assume' the police to be indeed so 'Foolish' to have put such sections blindly... I can say so with personal experience :)

gitish (advocate)     15 June 2008

he


it seems that u r nt aware of essentials of this section.


ye i thnk io se galti hui hogi


dowri ki cruelity aur rap[e ka koi rishta nahin except. agar facts mein aisa ho


ki khana no.1 mein uska husband ho jo 498a ka convict ho


aur uske bhai ya baap ne us ladki ka rape kiya ho jo kahan no. 2 mein added hon


ye bhi maine soch hai


aisa ho nahin skata


agr nmain galt hun to mujhe zaroor batana


Asgher Mahdi (Advocate & Legal Advisor)     16 June 2008

Its strange, How can Sec 498(A) attract.Police are doubtfull,blatnatly attracted the said section.Girls minor age cant be taken exemption under 498(A)/

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