What is the procedure to deal with in such cases
rgawasare
(Querist) 01 April 2012
This query is : Resolved
during investigation of a crime police inspector rapes an woman accused. On medical examination,rape is confirmed. The court issued process against inspector on her statement, not having any private complaint, but on her statement before the Court which was recorded when the woman accused produced in remand before the Court. Let me know how to deal, laws and procedure,in such circumstances.
Kiran Kumar
(Expert) 01 April 2012
the offence committed is separate from the offence which was being investigated.
Now if it was mere intercourse under some inducement or seduction then S. 376-B IPC will come into play and if there are ingredients of S. 375 IPC then S. 376 will come into play.
a separate case will be registered.
SAINATH DEVALLA
(Expert) 01 April 2012
Dear Quriest,
The police inspector will have to face charges under saections 375 crpc and 376 crpc.
Go through the below mentioned sections:
Section 375. Rape
1[375. Rape.—A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:—
First.— Against her will.
Secondly.—Without her consent.
Thirdly.— With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.
Fourthly.—With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
Fifthly.— With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
Sixthly.— With or without her consent, when she is under sixteen years of age.
Explanation
Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
Exception.—Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.]
STATE AMENDMENT
Manipur
(a) in clause sixthly, for the word “sixteen” substitute the word “fourteen”; and
(b) in the Exception, for the word “fifteen” substitute the word “thirteen”.
[Vide Act 30 of 1950, sec. 3 (w.e.f. 16-4-1950) (made earlier than Act 43 of 1983)].
COMMENTS
Absence of injury on male organ of accused
Where a prosecutrix is a minor girl suffering from pain due to ruptured hymen and bleeding vagina depicts same, minor contradictions in her statements they are not of much value, also absence of any injury on male organ of accused is no valid ground for innocence of accused, conviction under section 375 I.P.C. proper; Mohd. Zuber Noor Mohammed Changwadia v. State of Gujarat, 1999 Cr LJ 3419 (Guj).
Penetration
Mere absence of spermatozoa cannot cast a doubt on the correctness of the prosecution case; Prithi Chand v. State of Himachal Pradesh, (1989) Cr LJ 841: AIR 1989 SC 702.
1. Subs. by Act 43 of 1983, sec. 3, for section 375 (w.e.f. 25-12-1983).
Section 376. Punishment for rape
1[376. Punishment for rape.—(1) Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the woman raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both:
Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.
(2) Whoever: -
(a) Being a police officer commits rape-
(i) Within the limits of the police station to which he is appointed; or
(ii) In the premises of any station house whether or not situated in the police station to which he is appointed; or
(iii) On a woman is his custody or in the custody of a police officer subordinate to him; or
(b) Being a public servant, takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him; or
(c) Being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman's or children's institution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or
(d) Being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or
(e) Commits rape on a woman knowing her to be pregnant; or
(f) Commits rape when she is under twelve years of age; or
(g) Commits gang rape,
Shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine:
Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years.
Explanation 1
Where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub-section.
Explanation 2
"Women's or children's institution "means an institution, whether called an orphanage or home for neglected women or children or a widows' home or by any other name, which is established and maintained for the reception and care of women or children.
Explanation: 3
"Hospital" means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation].
CLASSIFICATION OF OFFENCE
Para I
Punishment—Imprisonment for life or imprisonment for ten years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.
Para II
Punishment—Imprisonment for two years or fine or both—Non-Cognizable—Bailable—Triable by Court of Session—Non-compoundable.
Comments
Charge
Section 376(2)(g) embodies a principle of joint liability and the essence of that liability is the existence of common intention; that common intention presupposes prior concert which may be determined from the conduct of offenders revealed during the course of action and it could arise and be formed suddenly, but there must be meeting of minds. It is not enough to have the same intention independently of each of the offender. In such cases, there must be criminal sharing, marking out a certain measure of jointness in the commission of offence; Ashok Kumar v. State of Haryana, AIR 2003 SC 777.
Corroborative evidence
Corroborative evidence is not an imperative component of judicial credence in every case of rape; State of Maharashtra v. Suresh Nivruthi Bhusare, (1997) 2 Crimes 257 (Bom).
Medical evidence
(i) Medical evidence corroborated by version of prosecutrix independent witness also in favour of the victim. No evidence of causing an unknown person a false implication at the cost of family name, conviction based on her evidence upheld; Lakha v. State of Rajasthan, 1999 Cr LJ 3418 (Raj).
(ii) Where an innocent girl of just 9 years is caught hold and raped by accused, and FIR is lodged well in time, evidence of her testimony also corroborated by medical evidence, no evidence for false implication, failure on part of investigation are not enough to deny version of prosecutrix and other corroborative evidences; Najoor Ahmad v. State of Bihar, 1999 Cr LJ 2550 (Pat).
cutrix consenting to sexual intercourse
(i) If a woman meekly submits to sexual intercourse it would be a case of consent; State of Maharashtra v. Suresh Nivrutti Bhusare, (1997) 2 Crimes 257 (Bom).
(ii) Normally a woman would not falsely implicate for the offence of rape at the cost of her character. In Indian society, it is very unusual that a lady with a view to implicate a person would go to the extent of stating that she was raped; Madan Lal v. State of Madhya Pradesh, (1997) 2 Crimes 210 (MP).
Rape and abetment to suicide
It has been held that the concent cannot be inferred merely because co-accused was present in house at the time accused raped the victim. Neither can co-accused be convicted under section 376(2)(g) merely because victim girl allegedly stated before committing suicide that both of accused raped her; Ashok Kumar v. State of Haryana, AIR 2003 SC 777.
Rape of a minor
(i) Where a minor girl just 10 years of age raped by accused, a minor of 16 years on the date of incident, convicted and sentenced to 3 years R.I., therefore, since then many years added to his age, he cannot be even sent to an approved school under the Act and as such his conviction is maintained but sentence set aside; Bire alias Bir Bahadur Singh v. State of Uttar Pradesh, 2000 Cr LJ 87 (All).
(ii) When the prosecutrix is a minor aged below 16 years, the question of her being a consenting party to the sexual intercourse does not arise or is of no consequence; Naresh v. State of Haryana, (1997) 2 Crimes 587 (P&H).
1. Subs. by Act 43 of 1983, sec. 3, for section 376 (w.e.f. 25-12-1983).
BOTH THE SECTIONS ARE COURTESY VAKILNO1.COM
PARTHA P BORBORA
(Expert) 01 April 2012
the statement of the victim is enough to prosecute a person under Indian Panel Code. EVEN HER STATEMENT IS ENOUGH TO WARENT THE CONVICTION SPECIALLY WHEN IT IS RECORDED UNDER SECTION 164 Cr.p.c. So no private complain is necessary in your case. IN my opinion, if medical report supports the victims statement, there is every possibility that the Court
will pronounce Conviction . So you have to handle it very carefully. The allegations are serious. One single mistake can cost u as fatal for defense.
Shonee Kapoor
(Expert) 02 April 2012
Lodge a complaint. Police officer would face trial for Rape.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 02 April 2012
Police officer will be suspended for rape of woman under his custody.
Which News Paper Published it?? Get Media involved.
But not for imaginary Story, who told u all these???
