Begin typing your search above and press return to search.
proflie-avatar
Login
exit_to_app
The smouldering of anger in Ladakh
access_time 29 March 2024 4:20 AM GMT
Democracy that banks on the electorate
access_time 28 March 2024 5:34 AM GMT
Lessons to learn from Moscow terror attack
access_time 27 March 2024 6:10 AM GMT
Gaza
access_time 26 March 2024 4:34 AM GMT
The poison is not in words, but inside
access_time 25 March 2024 5:42 AM GMT
DEEP READ
Schools breeding hatred
access_time 14 Sep 2023 10:37 AM GMT
Ukraine
access_time 16 Aug 2023 5:46 AM GMT
Ramadan: Its essence and lessons
access_time 13 March 2024 9:24 AM GMT
When ‘Jai Sree Ram’ becomes a death call
access_time 15 Feb 2024 9:54 AM GMT
exit_to_app
Homechevron_rightKeralachevron_rightKerala HC redefines...

Kerala HC redefines rubbing of genitals on thighs of victim as rape

text_fields
bookmark_border
Kerala HC redefines rubbing of genitals on thighs of victim as rape
cancel

Kochi: In a landmark judgement on the scope of rape law, the Kerala High Court on Wednesday observed that the act of rubbing a penis on the thighs of a victim amounts to rape under the Indian Penal Code (IPC).

The HC said that if such an act, even though non-penetrative, results in a sexual sensation or gratification, it will be regarded as rape under the IPC.

A division bench, headed by Justice K. Vinod Chandran, gave the ruling while hearing an appeal filed by a man convicted and sentenced to raping his 11-year-old neighbour near here in 2015.

As per a report by IANS, the crime came to light then after the minor complained of pain in the stomach to medical professionals at a state-run medical camp and following queries by them, admitted to being sexually exploited by her neighbour.

Later with the help of childline officials, a case was registered and the man was arrested and sentenced to life imprisonment.

The man had approached the high court with a fresh petition, which questioned if penetrating the gap between the thighs also comes under rape.

He also claimed that he cannot be charged under rape under the IPC since the "sexual act alleged against the accused is that of inserting the penis of the accused between the thighs of the victim", and that he had not "penetrated any orifice" for it to constitute rape under the law.

But the bench held that the offence of rape would be attracted if penetration of penis is made between thighs (of the victim) held together.

"We have no doubt in our mind that when the body of the victim is manipulated to hold the legs together for the purpose of simulating a sensation akin to penetration of an orifice, the offence of rape is attracted. When penetration is thus made in between the thighs so held together, it would certainly amount to 'rape' as defined under Section 375," it said.

The High Court bench then observed that the rape law in India has been amended through the years and now it also includes penetration of any part of a woman's body. The court said the law needs wider interpretation to include acts to try and manipulate a woman's body to simulate penetration.

The court also pointed out that there have been verdicts of both the Kerala High Court and the apex court where it has been held that penetration of even the slightest degree will be sufficient to attract the offence of rape.

Show Full Article
TAGS:Kerala High Courtrape law
Next Story