Mumbai cops arrest schoolboy for impregnating 15-yr-old girl

amitkriit

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How to handle a pregnant teenager who doesn't want the child? The Kasturba Marg police station's senior officers have been grappling with this dilemma over the past week when they arrested a Borivli schoolboy, whose 15-year-old girlfriend is pregnant.

The girl's parents, who are roadside vendors, approached the police who arrested the boy on charges of rape, as the girl was a minor. A senior policeman said the sensitive issue was the fact that the girl was in the sixth month of her pregnancy and her parents did not want the unborn baby. The family had, in fact, sought an abortion when they found about their daughter's predicament but the hospital turned them away as the girl was already 24-week pregnant. According to abortion laws, pregnancy can be medically terminated within 20 weeks of conception.

The girl is now in a government hospital and the Kasturba Marg police, which arrested her boyfriend, have sent him to children's remand home.
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I wonder what was boy's fault, how can he be branded a criminal and thrown into jail for something which was completely consensual. Doesn't Indian Constitution guarantee equality irrespective of gender, caste, creed or religion?

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Ray

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If there is a complaint, then what can the police do.

And anyway, as far as I know, below the age of 16, it is an offence.

The girl was 15 years of age!
 

nrj

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How it can be consensual if Girl files a rape case ?

How can it be legal if minor was involved ?
 

Daredevil

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It seems the boy is also a minor. In that case, both girl and boy are culpable.
 

nrj

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How both boy & girl are equally culpable if girl files a rape case ??
 

Dovah

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Could they throw the boy in juvie?
 

Dovah

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Both the teenagers study in the same school and they have been in a relationship for the past one year. While the girl's father is a vender, the boy father runs a small business in Borivli (E). The two often visited the Borivli national park where they had sex several times in the past few months, said the police.
This is consensual.
 

nrj

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Dude its not consensual when boy was arrested on charges of rape.
 

Daredevil

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Isn't that media report keep saying they are boyfriend and girlfriend. He was arrested on "charge of rape" only because the girl was minor not because she complained of rape. So who is wrong, who is correct or both are wrong?.
 

Dovah

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Dude its not consensual when boy was arrested on charges of rape.
False charges?
I think it is considered rape when a minor is involved with an adult regardless of consent. I'm not too sure about what happens when both are minors. Acc. to the article they were in a relationship. I'm not too sure what the law says regarding this though.
 

nrj

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Report does not say if girl didnt file rape case & police arrested boy on false charges.

TOI finds sensation in anything.
 

sayareakd

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I wonder what was boy's fault, how can he be branded a criminal and thrown into jail for something which was completely consensual. Doesn't Indian Constitution guarantee equality irrespective of gender, caste, creed or religion?

[/URL]
amit ignorance of law is no excuse, as Ray sir has said correctly girl below 16 (14 in Manipur) it will be statutory rape, means even if girl tgive consent Law will not accept her consent and would charge the man or boy in this case with statutory rape.
Even if girl says that she is above 16 but she is not even then rape. (so you guys need to be careful).
If the girl is someone's wife then she should be 15 years old, or else it is rape.

here is the section 376 of IPC dealing with rape

375. Rape

A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:-

First- Against her will.

Secondly,- Without her consent.

Thirdly- With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.

Fourthly- With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

Fifthly - With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.

Sixthly - With or without her consent, when she is under sixteen years of age.

Explanation- Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

Exception- Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.]

STATE AMENDMENT

Union Territory of Manipur:

(a) in clause sixthly, for the word "sixteen" substitute the word "fourteen"; and


(b) in the Exception, for- the word "fifteen" substitute the word "thirteen".

[vide Act 30 of 1950.]
 
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Daredevil

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^^ It says 'a man' not 'a boy'. So who is man? - above 16 or above 14??. I think this will be something new for the legal brains to work on.
 

sayareakd

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^^ It says 'a man' not 'a boy'. So who is man? - above 16 or above 14??. I think this will be something new for the legal brains to work on.
please read section 10 of IPC

here for you

Indian Penal Code, 1860


10. "Man", "Woman"

The word "man" denotes a male human being of any age; the word "woman" denotes a female human being of any age.
 

nrj

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We dont know if boy was minor.

Two minors engaging in sexual act, which is illegal. Over that if girl complaints police about it & her family forces rape charges then whats wrong?

Boy accepted his charges ?
 

Dovah

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The title of the thread is justified then, the laws are indeed anti-male.
 

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