Lawstreet Journal

Rubbing Male Organ On Vagina Or Urethra Over Victim's Underpants Amounts To Rape: Meghalaya High Court

Lawstreet Journal 20 Mar 2022 1:43am

Image courtesy: Lawstreet Journal Judiciary Rubbing Male Organ On Vagina Or Urethra Over Victim's Underpants Amounts To Rape: Meghalaya High Court

A Meghalaya High Court Division Bench, led by Chief Justice Sanjib Banerjee and Justice W. Diengdoh, found that rubbing a male organ on the prosecutrix's v agina or urethra while she was wearing her underwear constituted penetration for the purposes of Section 375(b), IPC.

"Penetration for the purpose of Section 375 of the Penal Code does not have to be complete. Any element of penetration would suffice for the purpose of the relevant provision. Further, Section 375(b) of the Penal Code recognises that insertion, to any extent, of any object into the vagina or urethra would amount to rape. Even if it be accepted that the appellant herein forced his organ into the vagina or urethra of the victim despite the victim wearing her underpants, it would still amount to penetration for the purpose of Section 375(b) of the Penal Code."

FACTUAL BACKGROUND

The incident occurred on September 23, 2006, and a report was filed on September 30, 2006, after which the minor victim was medically checked on October 1, 2006. The victim's vagina was sensitive and red, and her hymen was ruptured, according to the examination. The medical examiner concluded that the girl had been sexually assaulted and was suffering from mental anguish.

During his testimony at the trial, the medical examiner backed up his claim, claiming that the type of the hymen tear in this case suggested that it was caused by being pushed by a foreign body, not by the victim participating in any strenuous sporting… Continue Reading...


Tagged: Rape  
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