Judgement writing competition:

FORMAT:

IN THE SESSSION COURT OF CHENNAI

PRESENT

THE HONOURABLE MR

TOP: Name of the court / presiding judge name.

Charges

Introduction

Preliminary issues

Summary of the prosecution/ plaintiff’s case

Summary of the defendant’s case

Issues to be determined

Evidence and factual findings

Argument of prosecution or plaintiff on the first issue or charge

Argument from the side of the defendant

Evidence from either side

Judges evaluation of the evidence and the arguments

Applicable Law on each issue

Statement of law

Case law in support

Application of law to the facts

Judgment

Finding of the guilt

Decision made

Reasons for the decision

The sentence or the order passed

Marital Rape:

Section 375- Exception 2—Sexual intercourse or sexual acts by a man with his own wife, the wife not
being under fifteen years of age, is not rape.

Justice J. S. Verma Committee

The Verma panel proposed that “the exception for marital rape be removed" and the law must
“specify that a marital or other relationship between the perpetrator or victim is not a valid defence
against the crimes of rape or sexual violation”.

The Independent Thought vs. Union of India verdict of October 2017, in which the Supreme Court
criminalised rape with a minor wife, as well as the Justice K.S. Puttaswamy vs. Union of India
(September 2018) case, where the apex court unanimously recognised the fundamental right to
privacy of every individual guaranteed by the Constitution.

A. MUHAMED MUSTAQUE & DR.KAUSER EDAPPAGATH, JJ.

Mat. Appeal Nos. 151/2015 and 179/2015