There are alot of documents relating to this section:. On principle, the evidence of a victim of sexual assault stands at par with evidence of an injured witness. It is no defence that the woman consented after the act. It should be clearly mentioned as to which of these qualify as crimes under the law, and appropriate punishment should be assigned depending on the seriousness of each offence. Accused did not keep his promise to marry her and even disputed the paternity of the child.
The appellant was convicted of rape. There was no evidence showing that the accused took or induced her out of the lawful custody of her father. Article shared by Legal provisions regarding punishment for Rape under section 375 of Indian Penal Code, 1860. This can also blamed on not having effective deterrence due to a lax implementation of the prevalent laws which can be argued to be comprehensive. India is passing through a very turbulent phase with regard to women security and cases of rapes, sexual assaults, acid attacks are on the rise on a daily basis.
In other words to constitute the offence of rape it is not at all necessary that there should be complete penetration of the male organ with emission of semen and rupture of hymen. If clause 12 is omitted, it may lead to situations similar to those being faced in the respect to Domestic Violence cases, Dowry harassment cases etc. The Criminal Law Amendment Act of 2013 was brought into effect after the horrific Delhi Gang Rape case which shocked the whole nation with the brutality of the act committed. The Gujarat High Court held that sections 363 and 366 of the Code do not apply in the case and since the accused had no intention to force or seduce her to illicit intercourse section 366-A was also not applicable. If the evidence of the victim does not suffer from any basic infirmity and the probabilities factor does not render it unworthy of credence, as a general rule, there is no reason to insist on corroboration except from the medical evidence where the same can be expected to be forthcoming. This exception has been added with a view to keep a check on husbands who may be inclined to take advantage of their marital status prematurely. State, where the Supreme Court had observed that the opinion of medical experts also showed that it is very difficult for any man to rape single handed a grown up and an experienced woman without meeting stiffest possible resistance from her.
Even Partial or slightest penetration of the male organ within the labia majora or the vulva or pudenda with or without any emission of semen or even an attempt at penetration into the private part of the victim would be quite enough for the purposes of section 375 and 376 of the Indian Penal Code. The Bombay High Court acquitted the accused on the ground that the prosecutrix was a willing partner in the act of sexual intercourse, in view of the fact that there were no marks of violence on her body. She would be conscious of the danger of being ostracized by the society including by her own family members, relatives, friends and neighbours. On appeal, the Supreme Court observed that at the relevant point in time, the constable was in uniform and was on bandobust duty. This is the correct meaning and is approved by the Supreme Court. In Pradeep Kumar Verma v.
A person who ravishes a woman who is asleep, and therefore unconscious, would be having sexual intercourse with her against her will. However, the Supreme Court held that once it was proved that the girl was below 16 years of age, the question of consent becomes wholly irrelevant. Such would be the case where a woman is raped when she is asleep or is insensible due to hypnotism or drink or drugs or other means adopted. Sections 53A, 114 and 146 of the Indian Evidence Act should be struck down Sections 53A and 146 of the Indian Evidence Act turn a blind eye to the importance of antecedents of the alleged victim. But where there was a congestion about quarter of an inch away from the vulva, and before the accused could do anything else the victim was injured and started bleeding, the accused had proceeded far enough but could not succeed in raping the girl, and thus he was guilty of attempt to commit rape under section 376 read with section 511, and not of outraging the modesty of a woman. Four-and-a-half months afterwards she discovered that she was pregnant, on which she complained to the authorities against the magnetizer.
According to Explanation 2, consent means an unequivocal voluntary agreement when the person by words, gestures or any form of non-verbal communication, communicates willingness to participate in the specific sexual act. It is an unlawful sexual intercourse by a man with his own wife below the age of fifteen or with any girl below the age of sixteen, or with any other woman above sixteen without her free consent, against her will or with consent obtained under certain unlawful circumstances. Thus the essential condition of rape is penetration and not ejaculation. Before the amendment of 2013, sexual intercourse was taken to mean the penetration of the male genital organ into the female genital organ only. .
Prompt or delayed lodging of the F. However the High Court in appeal reduced the sentence to seven years and the appellant went in appeal against his conviction. Join us in calling on the heads of state to amend or repeal all sex discriminatory laws and fulfill their commitment to the 1995 Beijing Platform for Action and gender equality by sending the letter below. We welcome your questions in the comments section. There must be sexual intercourse with a woman by a man; 2.
She stated that she made a hue and cry but was threatened with death and made quite. Such intention or knowledge is not part of rape or its attempt. In case of rape cases, trial to be completed within 2 months of filling of charge sheet Insertion of Section 357 C of Code of Criminal Procedure. In other words, it is not necessary for this offence that there must be a full and complete sexual intercourse. The question of consent to the act done does not arise where the girl is married to a man. Gurmit Singh , a young girl below the age of 16 years was abducted from her school by the three accused in a car, and she was threatened with death if she raised an alarm. Lawyers need to keep themselves updated and study the facts of a case before coming to a legal opinion.
Given the severity of the punishment for sexual assault and the irreparable damage caused due to false accusations, standards of proof should be made more stringent both for filing of a case as well as for conviction. In State of Uttar Pradesh v. The Apex Court in Harpal Singh , held that even if the girl of 14 is a willing party and invited the accused to have sexual intercourse with her, the accused would be liable for rape under this clause In Mana Ramchandra Jadhav v. Interpretation of Statute by the courts is also a great art, which removes the ambiguity in the wording of the statutes giving different meaning in changing situations. In camera proceedings and prohibition of publication The Criminal Law Amendment Act, 1983 has, besides the changes indicated at respective places in course of the above discussions, made certain additions in section 327, Code of Criminal Procedure, 1973 also.