JUDGMENT

Mr. A. Pasayat J.- Rape or Raptus is when a man has carnal knowledge of a woman by force and against her will" (Co. Litt. 123 b); or, as expressed more fully, "rape is the carnal knowledge of any woman, above the age of ten years, against her will; or of a woman child, under that age, with or against her will" (Hale P.C. 628). In India, as set out in Clause Five of Sec. 375 of Indian Penal Code, 1860 (in short, 'IPC') the age relating to consent is sixteen years, at present. Original age of ten has been substituted from time to time in 1891 and 1925 by twelve years, and fourteen years. Since 1949 it is sixteen years.

2. The essential words in an indictment for rape are rapuit and carnaliter cognovit. Rape is no longer considered as sexual assault by a man on the victim. Its scar on account of physical action may be obliterated; but it lives in an indolent state of mind of the victim which is never healed, Here the victim whose name we do not propose to indicate, has suffered ignominy of sexual assaults, as is claimed, by three persons, present appellants. Such an act has been described as "gang rape" in Sec. 376, IPC. By Explanation 1, it is provided that when a woman is r