Semen presence not necessary for proving rape: High court

Discussion in 'Politics & Society' started by Yusuf, Mar 25, 2012.

  1. Yusuf

    Yusuf GUARDIAN Administrator

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    NAGPUR: Rejecting an appeal filed by a rape and murder accused, the Aurangabad bench of Bombay High Court has ruled that presence of semen is not necessary for proving offence of rape. "It is not necessary that in every sexual intercourse, there would be oozing of semen," a division bench comprising justices Naresh Patil and TV Nalwade ruled.

    In the process, the court upheld the Osmanabad sessions court verdict which sentenced Prashant Kate (25) to death and lifer for raping and killing a six-year-old girl. He was also slapped with a fine of Rs 25,000.

    Citing Section 375 of IPC, the court ruled that even slight penetration is sufficient to constitute the offence of rape. "In the present case, reason is given that there was no semen detected in vaginal swab. It is not acceptable in view of position of law and also for common sense," the court observed.

    "There is sufficient evidence to prove that it is a case of homicide and rape. It needs to be observed that no injury was found on the private part of the accused, but we cannot infer from it that he had not committed rape," the court added.

    Citing criminal analysis report, the accused contended that his blood group was 'O' while that found on the clothes of deceased was 'A'. However, the court held that injuries found on the person of accused as per medical evidence can be used against him as an incriminating circumstance.

    Kate, a resident of Solapur, had gone for a marriage of his friend in Kaudgaon village of Osmanabad district on May 4, 2009. The deceased's family was also from Solapur and had come for the same event. The accused was known for his bad habits and also for drinking. After the dinner, when everybody was busy in marriage preparations, Kate, who was under influence of liquor, took away the girl under pretext of handing her over to her father. After performing the heinous act, he smashed her head by stone.

    When the girl could not be traced, her parents lodged a complaint at the nearest police station. The accused was arrested two days later and the session court later awarded him capital punishment after examining witnesses.

    Reacting to the judgement, Tejaswini Khade, the president of the Vidarbha Lady Lawyers' Association, said, "Such judgments would act as a deterrent to criminals like Kate. I think law should be stricter to prevent such incidents. In today's scenario, every parent remains concerned about their girls when they are not with them."

    Social activist Seema Sakhare felt Kate depicted depravity among humans and "such criminals should be dealt with iron hand". "The court was right in holding that even slight penetration should be accounted as rape. The convict fittingly deserves death for his brutal act," she said.

    http://m.timesofindia.com/PDATOI/articleshow/12397153.cms
     
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  3. Yusuf

    Yusuf GUARDIAN Administrator

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    While tough laws are needed, without "other" strong evidence, semen swab can be the only way to prove rape.

    I am not sure if the judgement can be generalized. It can lead to false implications too. I don't know how evidence is collected in rape cases, coz as far as other investigations go the police is pretty shoddy.

    We deserve better.

    And yes we need tough laws to deter violation of women. But it has to be well thought out.
     
  4. VIP

    VIP Ultra Nationalist Senior Member

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As per IPC 375 only slightest penetration of vulva is considered with other criterias of rape.Here victim is only 6 years old which fulfilis upmost criteria of rape + if medical examination proves any penetration than presence of semen isn't needed.
Rape doesn't only mean full sexual intercourse, the torture done to the victim is the main shameful thing.Raping and killing 6 years old girl is done by only monster.This guy deserves death sentence or Life imprisonment.
     
    Last edited: Mar 25, 2012
  5. Yusuf

    Yusuf GUARDIAN Administrator

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    Offcourse as in this case. But I am talking about this being used as a precedent where false cases can also filed.

    The guy got what he deserved in this case.
     
  6. VIP

    VIP Ultra Nationalist Senior Member

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    Well, rape and dowry related IPCs are having soft corner towards females.One more thing.
When medical examination proves intercourse with no other sign of torture or anything means regular intercourse + accused argues that both agreed to do that but if female says she wasn't consented even if she's lying, court believes what female says.And accused gets the punishment.
These 2 IPCs are being misused most.
     
    Last edited: Mar 25, 2012

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