-Performance of conjugal rights by the spouses under such a marriage could not be termed as "unlawful sexual intercourse" so as to attract S.375, P.P.C. in order to initiate proceedings against them.

 PLD 2013 Lahore 243

Marriage of Muslim girl below sixteen years of age, who had otherwise attained puberty and consented to the marriage---Legality---Performance of conjugal rights by the spouses under such a marriage could not be termed as "unlawful sexual intercourse" so as to attract S.375, P.P.C. in order to initiate proceedings against them.

Habeas Corpus petition for recovery of detenue---

Complainant (father of alleged detenue) filed present petition for recovery of her daughter contending that she was a minor girl and accused was subjecting her to rape---Alleged detenue contended that she had attained puberty and contracted marriage with the accused out of her own free will and consent--Validity---Medical reports of alleged detenue revealed that she was between 14 and 15 years of age, therefore, it was established that she was below sixteen years of age at the time of her marriage with the accused---Medico-Legal certificate available on record showed that alleged detenue had developed all physical characteristics of having attained puberty---Marriage of a Muslim girl who was below sixteen years of age, but had attained puberty and was also a consenting party to the marriage, was valid for all intent and purposes---Relationship of accused with the alleged detenue could not be equated with rape in such circumstances---Alleged detenue claimed to have attained puberty and admitted her wilful Nikah with the accused and also deposed to accompany him---Petition for recovery of alleged detenue was dismissed, in circumstances.

S. 375(v)---Child Marriage Restraint Act (XIX of 1929), Ss.2(a) & (b)---Rape---Scope---Female under sixteen years of age admitting to having entered into marriage wilfully---Effect--Although S.375(v), P.P.C. provided that in case of sexual intercourse of a man with a girl under the age of sixteen years would amount to rape whether such act was committed with or without consent of such girl, but said section could not be made applicable to a case where the girl, though under sixteen years of age, admitted to having entered into marriage in explicit terms.

Words and phrases--- ----"Rape"---Definition. Block's Law Dictionary 6th Edn. ref