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  • Kitty, a girl of 15 years and 10 months was married to Guddu. Believing Guddu’s identical twin Chunn

Kitty, a girl of 15 years and 10 months was married to Guddu. Believing Guddu’s identical twin Chunnu to be Guddu, Kitty had willful sexual intercourse with Chunnu who knew of her mistaken belief. Kitty realized her mistake later. What offence has been committed?

Option: 1

Chunnu is innocent.


Option: 2

Chunnu can be successfully prosecuted for rape of Kitty.


Option: 3

Kitty is liable for inducement for sexual intercourse.


Option: 4

None of the above.


Answers (1)

best_answer

A man is said to commit ‘rape’ who has sexual intercourse with a women 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 lawfully married [Section 375, cl. (vi)]. Further, a sexual intercourse with a girl/ woman with or without her consent when she is under 16 years amounts to rape [Section 375, cl. (vi)].  Hence the correct option is b.

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