Bombay HC: Sexual Assault Without Penetration Is Still Rape

Who filed the appeal

• A 33- year old man was held guilty of rape of an intellectually-challenged woman.
• He was awarded 10 years of rigorous imprisonment by the Trial Court.
• He appealed on the ground of no penile intercourse with the victim.
• The appeal filed by the accused against the decision of the Session’s Court had been dismissed by the Court.

Provision Involved

• Section 375 of IPC talks about what would amount to rape.
• Sexual intercourse with a woman against her will, without her agreement, by compulsion, deception or fraud or at a time when she has been inebriated or tricked, or is of unsound mental condition and in any instance if she is under 18 years of age would amount to rape.
• Section 376 of IPC prescribes the punishment for rape and the accused has been convicted under this provision.

Court’s Observation

• The forensic report had revealed the same traces on the clothes of the victim and the spot. The evidence showed sexual assault.
• The Court observed that though there wasn’t any penile penetration but even fingering of vagina would fall under the offence of rape.

What do you think rape laws in India? Do you think the punishment prescribed in the Penal Code is sufficient? Let us know in the comments below!