The first two paragraphs of the first verdict, penned by Justice Madan B Lokur, gave a clear cut indication saying that "...in our opinion, sexual intercourse with a girl below 18 years of age is rape regardless of whether she is married or not".
Justice Deepak Gupta, who wrote a separate but concurring verdict, also opined on the same lines as Justice Lokur did.
Section 375 of the IPC, which defines the offence of rape, has an exception clause that says intercourse or sexual act by a man with his wife, not below 15 years, is not rape. However, the age of consent is 18 years.
Justice Lokur said that the "artificial distinction" was arbitrary and discriminatory and definitely not in the best interest of the girl child.
"What is equally dreadful, the artificial distinction turns a blind eye to trafficking of the girl child and surely each one of us must discourage trafficking which is such a horrible social evil," the court said.
The second paragraph of the judgement also clarified that the apex court has not made any observation with regard to marital rape of a woman, who is 18 years of age and above, as this issue was not raised before it.
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