Rubbing Male Genitals On Victim’s Vagina Over Underwear Amounts To Rape, Rules Meghalaya High Court
Over the last few years, our Indian judiciary has passed some truly amazing judgements, empowering women as well as giving them justice. While we still have a long way to go, celebrating small wins is just as important. Recently, while hearing a case, a division bench of the Meghalaya High Court ruled that rubbing the male genitals on the vagina or the urethra over underpants would still amount to penetration and the accused shall be charged for rape under Section 375(b) of the Indian Penal Code. The division bench of the Meghalaya High Court comprised of Chief Justice Sanjib Banerjee and Justice W Diengdoh.
In the case that dates back to 2006, the division bench said that to be charged under Section 375 of the Indian Penal Code the penetration need not be complete adding that ‘any element of penetration’ is enough for the purpose of the relevant provision as quoted by LiveLaw. Further, the order passed by the Meghalaya High Court states that the section recognises that ‘insertion, to any extent, of any object into the vagina or urethra would amount to rape’. The court ruled that it would be ruled as rape even if the accused had forced his organ into the victim’s vagina or urethra despite her wearing underpants as it would still amount to penetration.
The Meghalaya High Court was hearing a case filed in 2006 involving a minor who claimed that she did not feel any pain as the accused did not penetrate and only rubbed his organ against her from the top of her underwear. As per LiveLaw, the medical examination revealed that the victim’s vagina was tender and red and her hymen was ruptured and the medical examiner ruled that the girl had been raped and was undergoing mental trauma due to the same.
Also Read: 15-Year-Old Girl Gets Gang-Raped By 8 Men In Their 20s. Where Do We Get Off?
The trial court in the case convicted the accused who went on to challenge the verdict claiming that he could not be accused of rape as the victim’s underwear was not removed. The court stated that whatever the reason may have been behind the victim claiming that she did not feel any pain, she did complain of pain during the medical examination in 2006.
First Published: March 16, 2022 8:26 PMGujarat High Court On Marital Rape: Marriage Is Not Irrevocable Consent, High Time To Reconsider
