SC: Penetration not necessary for Establishing Rape

Discussion in 'Politics & Society' started by afako, Dec 14, 2012.

  1. afako

    afako Regular Member

    Aug 18, 2010
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    Penetration is not necessary for establishing the offence of rape, the Supreme Court has said.
    "Penetration itself proves the offence of rape, but
    the contrary is not true that is even if there is no
    penetration, it does not necessarily mean that
    there is no rape," a bench of justices Swatanter
    Kumar and Gyan Sudha Misra said. The apex court passed the judgment while
    upholding the conviction of a man for raping an
    11-year-old girl in 1997 despite there being no
    evidence of penetration. "The explanation to
    section 375 (rape) of IPC has been worded by the
    legislature so as to presume that if there was penetration, it would be sufficient to constitute
    sexual intercourse necessary for the offence of
    rape. "Penetration may not always result in tearing of
    the hymen and the same will always depend
    upon the facts and circumstances of a given
    case," the bench said. The apex court's judgement came while
    dismissing the appeal of Radhakrishna Nagesh, a
    ball boy at SV University tennis court in Tirupati,
    Andhra Pradesh in a 1997 rape case. In this case,
    the minor was lured by the convict on the pretext
    of purchasing gold colour plastic bangles for her. He then took her to the store room near the
    tennis court after he bought her the bangles. He
    then committed rape on her. The trial court had
    acquitted him in 1999 on the ground that there
    was no penetration and there were discrepancies
    in witness statement. The high court, however set aside the oder of the trial court, convicted
    sentenced the accused to a 10-year jail on rape
    charges. Nagesh then approached the apex court which
    dismissed his appeal and pulled up the trial court
    for acquitting him. "The court must examine the
    evidence of the prosecution in its entirety and
    then see its cumulative effect to determine
    whether the offence of rape has been committed or it is a case of criminal sexual assault or criminal
    assault outraging the modesty of a girl," the apex
    court observed. "In our considered opinion, the trial court has
    failed to appreciate the evidence on record
    cumulatively and in its correct perspective by
    ignoring the material piece of evidence and
    improper appreciation of evidence. It has
    recorded findings which are on the face of it unsustainable. This error was rightly corrected by
    the high court, and we see no reason to interfere
    with the judgement of conviction recorded by
    the high court," the bench said.

    SC: Penetration not necessary for establishing rape - India - DNA
  3. Iamanidiot

    Iamanidiot Elite Member Elite Member

    Dec 21, 2009
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    Boys are gonna be raped now
  4. sayareakd

    sayareakd Moderator Moderator

    Feb 17, 2009
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    I have not read the judgement, but from what is stated here, this judgment can be used to settle scores.
    gokussj9 likes this.
  5. hit&run

    hit&run Elite Member Elite Member

    May 29, 2009
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    I thought Judges are paid to think about thinking.

    Rather making such sweeping judgements why they don't they make law stringent and punishments hard, tagging and detailing what happens before and after rape (Grooming, Physical and mental violence and many other sexual abuses ect).

    Such verdicts will be lost in translation and misused like recent law used against Facebook users.
    Patriot and sayareakd like this.
  6. Armand2REP

    Armand2REP CHINI EXPERT Veteran Member

    Dec 17, 2009
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    Welcome to medieval law.
  7. sob

    sob Moderator Moderator

    May 4, 2009
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    New Delhi
    I welcome the judgement. This will have far reaching consequences.

    The mental trauma of a rape victim will not be lessened by the fact that actual penetration has not taken place. The act and the violence preceding it is enough IMO to castrate the perpetrator.
  8. SPIEZ

    SPIEZ Senior Member Senior Member

    Sep 24, 2011
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    @banglorean cannot escape easily now :pmegusta:
  9. parijataka

    parijataka Senior Member Senior Member

    Oct 15, 2011
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    First reform our judicial system so that judgements are given on time, 1 1/2 decades have passed since the crime and still they are arguing about the outcome.
    sayareakd likes this.

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