♀ - Please be aware

[Double Edge]

The Norwegian made an Assange move. Did not need to run to the embassy, a sailors club was enough.

[Minskaya]

When in distress, whatever works is good enough.

[Firestorm]

I guess India might be slowly going the way of the Middle East as well..

Delhi court cites Mahomedan Law to absolve man of raping minor

A Muslim man has been absolved of charges of illegally confining and raping a minor from the same religion, whom he later married, by a Delhi court which cited the Mahomedan Law that allows a 15-year-old girl to marry against the wishes of her parents.

The accused was charged with rape and illegal confinement of the minor under the IPC (Indian penal code).

The IPC treats a girl as minor, in relation to the offence of rape, till she attains the age of 16 years and establishing physical relations with her, even with her consent, is an offence entailing life term as maximum sentence.

"Both, the girl and accused are Muslims by religion and though, prosecutrix may be minor under the Indian Majority Act or within meaning of some of provisions of Indian Penal Code, under her present law, she having reached age of 15 years i.e age of puberty could have married accused even without the consent of her guardian, though in the present case, the prosecutrix appears to have married the accused with the consent of her parents," Additional Sessions Judge (ASJ) Illa Rawat said while acquitting the man of the charges.

The court also said that the girl was at the verge of maturity when she voluntarily eloped with the accused last year and her parents were also aware of their love affair.

It said she was neither restrained nor confined forcibly and they got married after an FIR was registered.

The court said the Mahomedan Law does not consider as an offence the marriage with a 15-year-old girl.

According to the prosecution, the girl and her mother had lodged a complaint with the police alleging that the man had raped the minor last year when she was alone in her house. The accused had also threatened the girl not to disclose the incident to anyone otherwise he would kill her entire family and thereafter he raped her several times, the prosecution said.

Now, it appears that the Judge decided that what the prosecution was saying wasn't true, and the man and the girl were having an affair. But that shouldn't have mattered, since according to Indian law, a 15 year old girl is (correctly) not deemed mature enough to give consent. So, it was statutory rape, and had either the man or the girl not been Muslim, he would have been rightfully sent to prison. So, according to the court, Muslim minor girls don't deserve the same protection as non-Muslim girls in India. Such decisions will only encourage perverts to take advantage of minors.

All those Pakistani tribals clamoring for Shariah law should move to India. They'll find it easier to get their demands through over here.

[kato]

The name of the judge rings a bell. A couple bells actually.

Delhi judge lets off four gang rape accused, lashes out at policemen
Rape charges cleared for lack of evidence - Hindustan Times
Court frees youth accused of raping cousin
News

Does that woman only do rape cases?


Edit: Your quote is missing page 2 of the article btw.

The girl, however, told the court that she was in love with the man and they wanted to marry but his mother was not agreeing.

A complaint was also lodged by the girl with the police praying that her marriage be allowed to be solemnised with the man, she had said.

She added that later the man's mother also agreed to their marriage and they tied the knot.

While acquitting the man, the court said, "As far as any forcible marriage or taking away of the girl for the purpose of said marriage is concerned, there is not even an iota of evidence on record."

As I understand it the court basically went looking for a way on how not to prosecute the statuatory rape based on the girl's wish in court.

[Double Edge]

The name of the judge rings a bell. A couple bells actually.

Delhi judge lets off four gang rape accused, lashes out at policemen
Rape charges cleared for lack of evidence - Hindustan Times
Court frees youth accused of raping cousin
News

Does that woman only do rape cases?


Edit: Your quote is missing page 2 of the article btw.

As I understand it the court basically went looking for a way on how not to prosecute the statuatory rape based on the girl's wish in court.

Was it a rape or not is unclear. Its like charges were dropped subsequently.

[Firestorm]

The girl is 15. Since the guy married her, we can safely assume he had sex with her. So according to the law, it was rape whether or not she said "yes". And on top of that the court upheld the marriage as valid, basically giving the man a free pass to rape her again.

In the other two cases Kato referenced, the second one is similar. The judge deems the girl a "consenting party" despite her being 15, although the difference is that it is unclear in that case if they had sex. The gang-rape case is a fault of the police for not doing their due diligence in gathering all the witnesses and evidence. The judge cannot do much if the victim fails to identify the accused. It is up to the police to bring other witnesses and forensic evidence, which they didn't.

Good catch BTW on it being the same judge. It is a bit peculiar.

[kato]

The girl is 15. Since the guy married her, we can safely assume he had sex with her. So according to the law, it was rape whether or not she said "yes". And on top of that the court upheld the marriage as valid, basically giving the man a free pass to rape her again.

You actually made me read the IPC now. The guy, and the court, are fully covered under the law.

See the listed exception under IPC 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:
[...]
Sixthly.-With or without her consent, when she is under sixteen years of age.
[...]
Exception.-Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.

[Doktor]

Out of curiosity, how old is the perp, pardon, the groom?

[Tronic]

Out of curiosity, how old is the perp, pardon, the groom?

First question which popped in my head too.

[tuna]

And people wonder why I make my daugher learn self defense instead of dance and take her shooting instead of shopping.

[Officer of Engineers]

And people wonder why I make my daugher learn self defense instead of dance and take her shooting instead of shopping.

Because dance recitals are murder and shooting is a hell of a lot cheaper than shopping ... but you deluding yourself if you think it's going to last.

[Double Edge]

And people wonder why I make my daugher learn self defense instead of dance and take her shooting instead of shopping.

How to detect roofies would be a good idea.