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rape

(Querist) 14 June 2009 This query is : Resolved 
an SC woman claims that she has been raped.later it was found that she is a prostitute.what is the legal position?
will the man be arrested? on what charge?
does the atrocity act apply here?
Kiran Kumar (Expert) 14 June 2009
well if forcible sex committed upon a female i.e. rape then accused has to be punished if the guilt is proved no matter the femaale is prostitute or not.

u can not impeach the character of a female

Section 155 of Evidence Act was amended in 2002-03 for this purpose.
Prakash Yedhula (Expert) 14 June 2009
The Indian Evidence amendment Act makes it clear that in a prosecution for rape or attempt to commit rape, it would not be possible to put questions in cross examination of the prosecutrix as to her general immoral character.

This is a sequel to the recommendations of the Law Commission and the National Commission for Women.

It has been observed during trials that the defence counsel usually refer to prior sexual conduct of the complainant for demolishing her testimony that she did not consent, thus tarnishing her reputation.

This women-friendly amendment is intended to protect the individual honour and dignity of the woman from being tarnished in the courts of law during trial of rape and it comes into immediate effect.
PARTHA P BORBORA (Expert) 15 June 2009
if anybody sexually intercourse with any woman against her will committed rape as per law. it is same in case of a prostitute also.
so, anybody sexually intercourse with a prostitute shall punished u/S 376 IPC, if prosecution prove its case byond all reasonable doubt.
PARTHA P BORBORA (Expert) 15 June 2009
if anybody sexually intercourse with any woman against her will committed rape as per law. it is same in case of a prostitute also.
so, anybody sexually intercourse with a prostitute shall punished u/S 376 IPC, if prosecution prove its case byond all reasonable doubt.
RAKHI BUDHIRAJA ADVOCATE (Expert) 15 June 2009
I do agree with all my ld. friends.
Khaleel Ahmed (Expert) 15 June 2009
Question is not clear.
Who found that she is a prostitute?
Khaleel Ahmed (Expert) 15 June 2009
Question is not clear.
Who found that she is a prostitute?
deepak kumar (Expert) 15 June 2009
if no specific overtact has been comitted under the perview of SC/ST prevention of atrocities act then the accused will only be charged for rape. simple rape only will not attract SC/ST Act.
adv. rajeev ( rajoo ) (Expert) 15 June 2009
I agree with Kirankumar.
Uma parameswaran (Expert) 15 June 2009
The caste or the immoral character of the victim is not a factor to get immunity from the punishment. If any body committed an offence under IPC and it is proved by court of law then he should be liable to punishment.
V.V.RAMDAS (Expert) 16 June 2009
Dear Sidhartha,
Kiran & Prakash have already given answer to your question. I would like to more that if anybody sexually intercourse with any woman against her will committed rape as per law . it is same in case of a prostitute also.
so, anybody sexually intercourse with a prostitute shall punished u/S 376 IPC, if prosecution prove its case byond all reasonable doubt.As the lady belongs to ST/SC community the accused will be charged 3(1)(ix) of the SC& ST Attrocities Act alonng with 376 I.P.C.
V.V.RAMDAS (Expert) 16 June 2009
Dear Sidhartha,
Kiran & Prakash have already given answer to your question.But I would like to add more, that if anybody sexually intercourse with any woman against her will committed rape as per law . it is same in case of a prostitute also.
so, anybody sexually intercourse with a prostitute shall punished u/S 376 IPC, if prosecution prove its case byond all reasonable doubt.As the lady belongs to ST/SC community the accused will be charged 3(1)(ix) of the SC& ST Attrocities Act alonng with 376 I.P.C.
V.V.RAMDAS (Expert) 16 June 2009
Dear Sidhartha,
Kiran & Prakash have already given answer to your question.But I would like to add more, that if anybody sexually intercourse with any woman against her will committed rape as per law . it is same in case of a prostitute also.
so, anybody sexually intercourse with a prostitute shall punished u/S 376 IPC, if prosecution prove its case byond all reasonable doubt.As the lady belongs to ST/SC community the accused will be charged 3(1)(ix) of the SC& ST Attrocities Act alonng with 376 I.P.C.
V.V.RAMDAS (Expert) 16 June 2009
Dear Sidhartha,
Kiran & Prakash have already given answer to your question.But I would like to add more, that if anybody sexually intercourse with any woman against her will committed rape as per law . it is same in case of a prostitute also.
so, anybody sexually intercourse with a prostitute shall punished u/S 376 IPC, if prosecution prove its case byond all reasonable doubt.As the lady belongs to ST/SC community the accused will be charged 3(1)(ix) of the SC& ST Attrocities Act alonng with 376 I.P.C.
MANISH (Expert) 21 June 2009
I agree with all my Ld. Friends.
The sexual intercourse if done without consent is rape. Even if the victim is a prostitute.
There are other parameters to book the accused within the purview of SC/ST Act.


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