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The Court found in favor of the petitioner, holding that the marital rape exemption should only cover cases where the woman is 18 years or older and favored to strike down the Exception 2 to section 375 of the IPC on the grounds that it is arbitrary, capricious, whimsical and violative of a girl child’s and clearly not fair, just and reasonable and hence stands in violation of Articles 14, 15, and 21 of the COI 1950. It was further held discriminatory and violative of Article 14 i.e. Right to Equality. It was also held to be inconsistent with the provisions of POCSO 2012 which must prevail.
