Chhattisgarh High Court said that if ejaculation occurs without penetration into the female genitalia, it will not be considered rape but ‘attempt to rape’ under IPC 376 and 511. The court changed the punishment of the accused in the 20 year old case from rape to attempted rape.
High Court on Rape Definition: Chhattisgarh High Court has given an important decision in an old rape case. The court said that if there is no penetration of the female genitalia and ejaculation occurs only after contact with the male genitalia, then it will not amount to ‘rape’. Such a case will be considered as ‘attempt to rape’ under section 511 along with section 376 of the Indian Penal Code (IPC). On this basis, the court changed the punishment of an accused from ‘rape’ to ‘attempt to rape’.
Hearing in 20 year old criminal case
This matter is about 20 years old. The lower court had convicted the accused of rape. Later the accused filed an appeal against this decision in the High Court. During the hearing, the division bench of the High Court re-examined the facts and evidence of the entire case. The court found that the prosecution could not prove that penetration had actually taken place during the incident, which is an essential element of the definition of rape under Section 375 of the IPC.
Legal interpretation of Section 375 of IPC
The court explained Section 375 of the IPC in detail in its decision. The court clearly said that ‘penetration’ is necessary for the crime of rape. Merely the male genitalia coming in contact with the female genitalia or ejaculation without penetration cannot be considered as rape in the eyes of law. However, the court also said that such an act is of serious criminal nature and cannot be taken lightly.
Punishment changed from ‘rape’ to ‘attempt to rape’
The High Court said that the intention and actions of the accused show that he had attempted to commit rape, but he could not completely succeed in his objective. For this reason, the court modified the rape conviction given by the lower court and held the accused guilty of ‘attempted rape’.
It is important to follow the provisions of the law: High Court
The court also said that the purpose of the law is to ensure punishment according to the gravity of the crime. Where the dignity and physical autonomy of the victim has been attacked, there should be severe punishment upon conviction. But while deciding the punishment, it is equally important to follow the legal provisions and essential elements of the crime.
Important decision of Supreme Court on definition of rape
Recently the Supreme Court had also given an important decision regarding the definition of rape. The Supreme Court, changing a decision of the Allahabad High Court, said that holding a girl’s breast, pulling the string of her pajama and trying to pull her forcibly can come under the ambit of ‘preparation for rape’. The Allahabad High Court had said in its decision that these acts did not amount to rape or attempted rape, but the Supreme Court overturned that decision and considered it as ‘attempted rape’.