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kuldeep kumar (lawyers)     17 September 2011

Right of pvt defence

a was doing what is called s*xual intercourse with b with her consent.. b aged 22 yr..on being caught father of b murdered a without any fear of danger from a.what offence father of b has caused



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 3 Replies

Democratic Indian (n/a)     18 September 2011

Lot depends on facts and circumstances. For example if the girl had gone to a's house and was doing consensual s*x. Her father followed her and clandestinely entered the house of a and killed a, then one may say it is murder.

But if a entered the house of the girl clandestinely and doing s*x with girl in aggressive/suspicious/violent/doubtful looking postures and circumstances, then one may say that father may have acted in defense of his daughter assuming it to be an act of rape. The psychology of father needs to be understood, when he sees a sudden and shocking scene of act of s*x with his daughter in aggressive/suspicious/violent/doubtful looking postures and circumstances, it will normally make any father to impulsively without wasting any time or thinking, spring into action to defend his daughter instantly. In such a situation it cannot be expected from father to sit calmly and think about all the niceties and questions about whether the s*x act is consensual or not before proceeding. In this situation I would say the father should be given benifit of doubt and mens rea.

kuldeep kumar (lawyers)     18 September 2011

yes u r right but father sud or sud not be convicted for rpd causing death..i think c h not amounting is fit punishment

kuldeep kumar (lawyers)     18 September 2011

father did not see any suspicious/aggressive circumstance as i said its done with consent..his father was rightly convicted in 304 part 2
 


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