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Rape, the kinds of rape and the law

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By Angel Srivastava

Rape is the most heinous and barbaric act of violating a woman’s bodily integrity and honour. It ruins the victim’s whole bodily and mental serenity, sending her into a severe emotional crisis and reducing her to a living corpse. It is a violation of one’s basic human rights and a blatant infringement of the Right to Life established in Article 21 of our Constitution.

The term rape originates from the Latin rapere (supine stem raptum), “to snatch, to grab, to carry off”. Since the 14th century, the term has come to mean “to seize and take away by force”. In Roman law, the carrying off of a woman by force, with or without intercourse, constituted “raptus”. In Medieval English law the same term could refer to either kidnapping or rape in the modern sense of “sexual violation”. The original meaning of “carry off by force” is still found in some phrases, such as “rape and pillage”.

The legal definition of rape has changed substantially since the late 20th century. The traditional definition was narrow with respect to both gender and age; Rape is a kind of sexual assault in which sexual intercourse or other forms of sexual penetration are performed on a person without their permission. The act may be committed by physical force, coercion, or abuse of authority, or against a person who is unable to give legitimate consent, such as someone who is unconscious, incapacitated, or has an intellectual impairment.or is below the legal age of consent. The term rape is sometimes used interchangeably with the term sexual assault. Stranger rape is typically less prevalent than rape by someone the victim knows, although male-on-male and female-on-female prison rapes are widespread and may be the least reported types of rape. Although rape can occur in same-sex intercourse, it is most often committed by a male against a female. There is also an increasing tendency to treat as rape an act of sexual intercourse by a husband with his wife against her will and to consider forced prostitution and sexual slavery as forms of rape.

In 2012 the US Department[i] of Justice adopted a new definition of rape, by that definition, rape is “the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”

Victims of rape or sexual assault come from a wide range of genders, ages, sexual orientations, ethnicities, geographical locations, cultures, and degrees of impairment or disability. Incidences of rape are classified into a number of categories, and they may describe the relationship of the perpetrator to the victim and the context of the sexual assault. These include date rape, gang rape, marital rape, incestual rape, child sexual abuse, prison rape, acquaintance rape, war rape and statutory rape. Forced sexual activity can be committed over a long period of time with little to no physical injury.

Rape and sexual assault

Rape and sexual assault are both severe crimes. The phrases rape and ‘sexual assault’ are merely used to distinguish between two sorts of offences. So, what’s the difference?

Rape is defined as the purposeful penetration of another’s vagina, anus, or mouth with a penis without the other person’s permission. Without the individual’s permission, a person commits assault by penetration when a person penetrates another person’s vagina or anus with any part of the body other than a penis or by using an object.

The overall definition of sexual or indecent assault is an act of physical, psychological and emotional violation in the form of a sexual act, inflicted on someone without their consent. It can involve forcing or manipulating someone to witness or participate in any sexual acts.

Sexual assault may not always entail violence, inflict bodily harm, or leave visible scars. Sexual assault may inflict serious anguish, mental suffering, and invisible injuries, all of which can be difficult to heal from. This is why we use the term “assault” and take allegations of violent, physical assaults just as seriously.

Law against rape in India

The history of rape laws in India begin with the enactment of the Indian Penal Code (IPC) in 1860.[ii] According to the original provision as in Section 375[iii], “A man is said to have committed “rape” if he –

  • Penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or
  • Inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or
  • Manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or
  • Applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, 

Under the circumstances falling under any of the following seven description: –

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 eighteen years of age.

Seventhly. – when she is unable to communicate consent”.

This definition explains that penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape. It gives an exception that sexual intercourse by a man with his own wife, the wife not being under 18 years of age will not constitute rape.

Intercourse under promise to marry constitutes rape only of from initial stage accused had no intention to keep promise. An accused can be convicted for rape only if the court reaches a conclusion that the intension of the accused was mala fide, and that he had clandestine motives. Deepak Gulati v. State of Haryana[iv]

The punishment for rape is provided under Section 376[v] of IPC. (1) Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which [shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine].

Amendments

The rape law under IPC had gone through a lot of amendments. In 1983, amendment was made and Section 376 (2), that is, Custodial Rape, Section 376 (A), that is, Marital Rape, and Section 376 (B to D), that is, Sexual Intercourse not amounting to rape were added. As per the Criminal Law Amendment Act (1983), revealing the identity of a rape-victim is an offence. Though this Act maintains more or less the same definition of rape, it introduces many new categories of offence of sexual intercourse by persons in custodial situation-such as superintendents of hospitals, remand homes, prisons, and police officials-with women in their custody. In cases of custodial rape, burden of proof lies with men and if a woman victim makes a statement that she did not consent, the court would believe that she did not consent.

Punishment in the cases of gang rape amounts to the rigorous imprisonment for term which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person’s natural life, and with fine. Sexual intercourse by a man with his wife, who is living separately from him under a decree of separation or under any custom or usage without her consent, shall be punished with imprisonment of either description, for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine.

The Supreme Court says that the rape trials must end within 2 months as stipulated under law. The Supreme Court also directed trial courts to “strictly adhere” to existing norms while asking them to rule out the possibility of “manoeuvring” through undue long adjournments. Section 309[vi] of the Criminal Procedure Code (CrPC) provides that in every inquiry or trial the proceedings should be held as expeditiously as possible and once the examination of witnesses begins the same shall be continued on a day-to-day basis till all the witnesses are examined. In cases thatcome under Section 376 (rape) and related offences under Sections 376 A to D of the IPC, the CrPC stipulates that “the inquiry or trial shall, as far as possible, be completed within a period of 2 months from the date of commencement of the examination of witnesses.” The victim of rape suffers mental and psychological trauma, which must be addressed to provide a helping hand to enable her to cope with the trauma suffered and to tide over her immediate and long-term needs so that she is able to lead a dignified and meaningful life.

The IPC section on rape laws (Sections 375 and 376, IPC) reflects extremely antiquated ideas when it includes as an exemption clause- “Sexual intercourse by man with his own wife, the wife not being under 18 years of age, is not rape.” The law grants the husband total immunity if he rapes his wife merely on the basis of the marital relationship. It is a non-consensual violent perversion committed by a husband against his wife in which she is physically and sexually assaulted. Marital rape is far too common in Indian society. The UN Population Fund[vii] states that more than two-third of married women in India, aged 15-49 have been beaten, raped, or forced to provide sex. Roots of ‘marital rape’ can be traced in the statement of Sir Mathew Hale, England’s chief justice during the 1600s, “The husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual matrimonial consent and contract, the wife hath given herself in kind unto the husband, whom she cannot retract.” The movement against marital rape began in the 1970s, when women activists in America raised their voice for the repeal of the marital rape exemption clause and the expansion of the promise of equal protection to women. The significance of permission in every individual choice cannot be overemphasized. Even while married, a woman can preserve her right to life and liberty, as well as her body.

The Section 376 in dealing with sexual assault, in a very narrow purview lays down that, an offence of rape within marital bonds stands only if the wife be less than 18 years of age, Once, the age crosses the permissible limit there is no legal protection accorded to the wife, in direct contravention of human rights regulations.

Current legal position

In view of the recommendations of the Law Commission and the growing protest from the general public in response to gang-rape of a Delhi girl in December 2012, the Indian Parliament introduced the Criminal Law (Amendment) Bill, 2013, which was passed by both the houses in March and received President’s assent in April 2013. It provides for amendment of IPC, IEA, and Code of Criminal Procedure, 1973 on laws related to sexual offences. The offence of rape under Section 375 of IPC, have made both penile and nonpenile insertion into bodily orifices of a woman by a man an offence. The definition is broadly explained in some aspect, with acts like penetration of penis, or any object or any part of body to any extent, into the vagina, mouth, urethra, or anus of a woman or making her to do so with another person or applying of mouth to sexual organs (Cunnilingus or fellatio) without the consent or will of the woman constitutes the offence of rape.

The section has also clarified that penetration means “penetration to any extent,” and lack of physical resistance is immaterial for constituting an offence. Except in certain aggravated situations, the punishment will be imprisonment for not less than 7 years but which may extend to imprisonment for life, and shall also be liable to fine. In aggravated situations, punishment will be rigorous imprisonment for a term, which shall not be less than 10 years but which may extend to imprisonment for life, and shall also be liable to fine.

A new section, 376A has been added which states that if a person committing the offence of sexual assault, inflicts an injury, which causes the death of the person or causes the person to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term, which shall not be less than 20 years, but which may extend to imprisonment for life, which shall mean the remainder of that person’s natural life, or with death. In case of gang rape, persons involved regardless of their gender shall be punished with rigorous imprisonment for a term, which shall not be less than 20 years, but which may extend to life and shall pay compensation to the victim, which shall be reasonable to meet the medical expenses and rehabilitation of the victim.

Certain changes have been introduced in the CrPC, 1973 and IEA, like the recording of statement of the victim has been made more friendly and easy, character of the victim is irrelevant for consideration, presumption of no consent where sexual intercourse is proved and the victim states in the court that there has been no consent, etc.

The age of consent has been increased to 18 years, which means any sexual activity irrespective of presence of consent with a woman below the age of 18 will constitute statutory rape.

Kinds of rape: Rape by someone the woman knows

Most women who are raped know the man who rapes them. If the woman must continue to have contact with him, it can make it very hard for her to recover from the rape and to tell others about it.

  • Date Rape

The term “date rape” is used to refer to several types of rape, broadly acquaintance rape, which is a non-domestic rape committed by someone who knows the victim, and drug facilitated sexual assault (DFSA), where the rapist intentionally drugs the victim with a date rape drug so that they are incapacitated. Acquaintance rape constitutes the vast majority of reported rapes, while DFSA is infrequent. A frequently overlapping category is incapacitated rape, where the victim is incapacitated and unable to give consent – this is often the result of intoxication, but can also simply be because the victim is asleep or has a medical condition. DFSA is when the rapist intentionally incapacitates the victim via drugs, while acquaintance rape can occur when the victim is not incapacitated.

Acquaintance rape can occur between two people who know one another usually in social situations, between people who are dating as a couple and have had consensual sex in the past, between two people who are starting to date, between people who are just friends, and between acquaintances. They include rapes of co-workers, schoolmates, family, friends, teachers and other acquaintances, providing they are dating; it is sometimes referred to as “hidden rape” and has been identified as a growing problem in western society.

  • Spousal Rape

Spousal rape also known as marital rape, wife rape, husband rape, partner rape or intimate partner sexual assault (IPSA), is rape between a married or de facto couple without one spouse’s consent. Spousal rape is considered a form of domestic violence and sexual abuse.

In the case of State of Maharashtra v. Madhukar Narayan[viii] the Supreme Court has held that every woman is entitled to her sexual privacy and it is not open to for any and every person to violate her privacy as and whenever he wished. In the landmark case of Vishaka v. State of Rajasthan[ix] the Supreme Court extended this right of privacy in working environments also. Further, along a similar line we can translate that there exists a right of privacy to go into a sexual relationship even inside a marriage. Subsequently by decriminalizing rape inside a marriage, the marital exception teaching damages this right of privacy of a wedded lady and is consequently is illegal.

  • Rape of Children

Rape of a child is a form of child sexual abuse. When committed by another child (usually older or stronger) or adolescent, it is called child-on-child sexual abuse. When committed by a parent or other close relatives such as grandparents, aunts and uncles, it is also incest and can result in serious and long-term psychological trauma. When a child is raped by an adult who is not a family member but is a caregiver or in a position of authority over the child, such as school teachers, religious authorities, sports trainers (coaches) or therapists, to name a few, on whom the child is dependent, the effects can be similar to incestual rape.

Rape by stranger

  • Statutory Rape

The age at which an individual may give effective consent to sexual intercourse is commonly set in most countries at between 14 and 18 years (though it is as low as 12 years in some countries). Sexual intercourse with a person below the age of consent is termed statutory rape, and consent is no longer relevant. The term statutory rape specifically refers to the legal proscription against having sexual intercourse with a child or any other person presumed to lack comprehension of the physical and other consequences of the act. The term statutory rape may also refer to any kind of sexual assault committed against a person above the age of consent by an individual in a position of authority (e.g., employers, teachers, clergy, doctors, and parents). Statutory rape often leaves the victim with long-term psychological and physical damage, including sexually transmitted diseases and the inability to bear children.

Any Sexual activity with a woman with or without her consent when she is below 18 years of age constitutes rape. A woman under the age of 18 is considered incapable of giving consent for any kind of sexual activity. The age of consent was raised from 16 to 18 by the Criminal Law (Amendment) Act of 2013.

The Supreme Court in Harpal Singh held that ‘even if the girl of 14 is a willing party and invited the accused to have sexual intercourse with her, the accused would be liable for rape under this clause’.

In Mana Ramchandra Jadhav v. State of Maharashtra[x] the victim left her mother’s house and started living with the accused because her mother had declined the proposal of her marriage with the accused on the ground that she was too young. While she was with the accused, they had sexual intercourse which was against her will. The act of intercourse with the prosecution will be covered under this clause.

  • Gang Rape

Gang rape occurs when a group of people participate in the rape of a single victim. Rape involving two or more violators (usually at least three) is widely reported to occur in many parts of the world. Systematic information on the extent of the problem, however, is scant.

Mukesh and Ors. vs. State for NCT of Delhi and Ors.[xi]

In this case, the deceased victim, a 23-year-old female was brutally raped and tortured in a moving bus by six men including a minor. The victim was tortured to such an extent that she was not only raped but even forced to have anal sex, the accused inserted iron rod inside her genitals and her intestines were pulled out of her body and her genitals were damaged. After raping her, she along with her male friend who was deeply wounded and unconscious while trying to save her were thrown out of the moving bus in a winter night on the roads of Delhi, naked. The Court awarded death penalty to the five adults accused of gang rape. Out of them, one committed suicide in jail and rest were hanged to death. Further, the accused who was a minor was sent to a reform facility for three years.

  • Prison Rape

Many women are raped by police or prison guards after they have been arrested. Also, rape is common between male prisoners to establish power.

  • Custodial Rape

Custodial rape is rape perpetrated by a person employed by the state in a supervisory or custodial position, such as a police officer, public servant or jail or hospital employee. It includes the rape of children in institutional care such as orphanages.

In India, custodial rape has been a major focus of women’s rights organizations, and has been an official category of rape defined under law since 1983. Indian law says this type of rape takes advantage of the rapist’s position of authority and is therefore subject to extra penalty.

The term custodial rape is sometimes used broadly to include rape by anyone in a position of authority such as an employer, money-lender, contractor or landlord, but under Indian law it refers only to government employees. Victims of custodial rape are frequently minorities, people who are poor, or low-status for example because of their caste. Researchers say custodial rape is part of a broader pattern of custodial abuse, which can also include torture and murder.

Smt. Rameeza Bee v. D Armugam[xii]

In this case, Rameeza Bee was a 26-year-old working female who was returning home along with her husband, Ahmed Husain who was a rickshaw puller. They were on their way to their house but they were arrested by the police officers for loitering late in the night. They were asked to pay a fine. Rameeza was kept in custody and was raped by the three police officers while her husband was sent home to bring money to pay the fine. After his return, he protested against the assault committed by the policemen upon his wife but he was beaten mercilessly to death by the policemen. 

Later, Rameeza Bee complained about the incident which led to violent protests and riots and four policemen were even suspended. Due to the results of such activities, an inquiry commission was set up to inquire about the rape of Rameeza Bee and the death of Ahmed Husain. During the period of commission’s proceedings, the police defended the murder and rape by putting questions on the character of the victim and tried proving that Rameeza Bee was married several times earlier and her marriage to Ahmed Husain was not a lawful marriage and she was wrongfully cohabiting with him. 

However, the commission stated that the police officers guilty of rape as well as murder and they shall be prosecuted. Subsequently, they were acquitted on the grounds stating that evidence recorded by the inquiry commission was inadmissible in the session’s Court.

Psychological impact on victims

Rape victims of adolescence and adulthood are more prone to try or commit suicide. Even after adjusting for gender, age, education, posttraumatic stress disorder symptoms, and the existence of mental illnesses, the connection persists. Being raped can result in suicidal behaviour as early as childhood.In a study of raped schoolgirls, 6% reported attempting suicide. Victims of rape are ashamed to talk about what occurred to them. Prior sexual abuse was found to be a leading predictor of many health risk behaviours, including suicide thoughts and attempts, in a study of teenagers.

Rape and other forms of sexual assault on a child can result in both short-term and long-term harm, including psychopathology in later life. Psychological, emotional, physical, and social effects include depression, posttraumatic stress disorder, anxiety, eating disorders, poor self-esteem, dissociative, and anxiety disorders; general psychological distress and disorders such as somatization, neurosis, chronic pain, sexualized behaviour, school/learning problems; and behaviour problems including substance abuse, destructive behaviour, criminality, and suicide.

If the perpetrator of the sexual assault is a relative (i.e., incest), or if threats or force are used, the risk of long-term psychological trauma increases. Incestual rape has been demonstrated to be one of the most severe types of childhood trauma, causing substantial and long-term psychological harm, particularly in cases of parental incest.

Aside from judicial awakening, what is most important is the creation of consciousness. ‘It is just as essential to educate people to see women as valuable partners in life, in the development of society, and in the accomplishment of peace as it is to take legislative actions to defend women’s human rights.’ Men bear a financial, moral, political, religious, and societal obligation to resist all kinds of gender discrimination.

CASES

  1. State of Maharashtra Vs. Vijay Mohan Jadhav and Ors.[xiii]

Facts: On 22 August 2013 at about 5 pm the victim, who was a Photojournalist aged 22, and was interning under the English Magazine went to the premises of Shakti Mills along with her colleague namely Anurag for a project which involved capturing old articles and deserted premises of Mumbai.

There they encountered Vijay Jadhav and Salim who were later identified as accused. Both of them initially helped the victim and his colleague to enter the premises of Shakti Mills but later called their partners i.e., the other three accused, one of them was a juvenile and tied Anurag and dragged the victim to an isolated room and they forced the victim by keeping a broken glass bottle on her neck and threatening her that they will kill her if she does not remove all her clothes along with her shoes. One of the accused himself removed her underwear and bra and they brutally raped the victim and also took her photographs for threatening her that if she complains about them, they will circulate those photographs. 

Judgment: In this case, it was ruled that all the accused were liable for several offences including gang rape, disrobing and unnatural offences. Three of the accused who were adults were hanged till death whereas the minor one was tried by the Juvenile Justice Board and was convicted on 15 July 2015, and sentenced to three years (including time in custody) in a Nashik reform school, the maximum punishment that a juvenile offender can receive under Indian law. 

  1. Dalwadi Govindbhai Amarshibhai vs. State of Gujarat[xiv]

Facts:The parents of the victim reside at village Sayla. The name of her father is Dhanjibhai whereas name of her mother is Gauriben. She is married to Pravinbhai Bhopabhai of Wadhvan town. The incident in question had taken place on August 21, 1992. Fourteen days prior to thedate of incident, the victim had come to her parental house to stay there. On the date of incident, her husband had come to village Sayla to take her with him at her matrimonial home. In the morning of date of incident, the victim had served tea etc. to her husband. Her husband had expressed his desire to visit Mela which was held in the village, but the victim had told her husband that her mother and sister had gone to field to pick up Guvar and that after picking up Guvar, she would come back and would go with him to visit Mela. At about 8-00 a.m., she had proceeded to go to Wadi of her father. When she had reached near trees in the sim of village, the appellant had accosted her and asked her why she was going to Wadi all alone. In order to dissuade the appellant from following her, the victim had told the appellant that she was being followed by her mother and father, and had started walking fast. However, the appellant had continued to chase her and caught hold of her near the bushes of babul trees. As the victim had tried to free herself from the clutches of the appellant, she had received nail injuries on her cheek and neck. The appellant had dragged the victim to a ditch and after throwing her in the ditch, had mounted on her. The victim had entreated the appellant to let her go, but after lifting the petticoat of the victim, the appellant had unchained his pant and committed rape on her. The victim had shouted for help, and therefore, the appellant had gagged her mouth with her Odhani. After committing the rape on the victim, the appellant had threatened her that if the incident was narrated by her to anyone, she would be cursed by female ghost of Anada Waghari. The victim was weeping uncontrollably and had gone to Wadi where her mother and sister were picking up Guvar. After reaching Wadi, the victim had narrated the incident to her mother and sister. Therefore, leaving the work of picking Guvar unfinished, the victim was brought home by her mother and sister. The father of the victim was not available in the house as he had gone to visit another village. On his return to the house, the victim had narrated the incident to him. The victim in the company of her father had gone to Sayla Police Station for lodging the complaint where she had lodged the complaint.

Judgement:The prosecution has proved beyond reasonable doubt that the appellant had committed rape on the victim on the date of incident and is guilty of offence punishable under Section 376 of the I.P.C. No ground has been made out by the learned Counsel of the appellant to interfere with the conviction of the appellant under Section 376 of the I.P.C., and therefore, the conviction of the appellant will have to be upheld. the appellant is convicted of the offence under Section 376 of the Indian Penal Code, and sentenced to suffer R.I. for eight years and a fine of Rs. 10,000-00, in default, S.I. for one year.

  1. Tarkeshwar Sahu vs State of Bihar (Now Jharkhand)[xv]

Facts:On 18th February, 1998, at about 1.30 a.m., Tara Muni Kumari, aged about 12 years, came out of her house to answer the call of nature. The appellant at that time had forcibly taken her to his Gumti for committing illicit sexual intercourse with her. The said Gumti of the appellant was only few feet away from the house of the prosecutrix. It is alleged that the prosecutrix raised an alarm, and immediately thereafter several persons including Ram Charan Baitha, the informant and the father of the prosecutrix, Sahdeo Sahu, Deonandan Sahu the Sarpanch of the village, Jewalal Sahu came from the adjoining houses and caught the appellant before he could even make any attempt to ravish her. Due to immediate arrival of and other co-villagers on hearing hue and cry raised by the prosecutrix, the appellant could not succeed in ravishing her. Immediately after this episode, Ram Charan Baitha, father of the prosecutrix along with other villagers, who appeared as witnesses in this case, had gone to the police station and lodged a first information report at 2.30 a.m. The FIR was lodged within one hour of the incident. All the persons who had gone to the police station and later appeared as witnesses were residing in the close vicinity and were natural witnesses to the incident. The appellant was charged for the offence punishable under Sections 376/511 IPC, to which he did not plead guilty and claimed himself to be innocent. According to him, he was falsely implicated in the instant case at the instance of Gyan Kumar Sahu and the informant Ram Charan Baitha.

Judgment: On evaluation of the entire evidence and documents on record, in our considered view, the appellant is clearly guilty of the offences under Sections 366 and 354 IPC. In the facts and circumstances of this case, the ends of justice would be subserved by convicting the appellant under Sections 366/354 IPC. The appellant is sentenced to undergo imprisonment for five years under Section 366 IPC. The appellant is also convicted under Section 354 IPC and sentenced to two years rigorous imprisonment. We direct both the sentences to run concurrently.

  1. The State of Karnataka vs Krishnappa[xvi]

Facts: The victim of rape is a little girl, who was about 8 years of age at the relevant time. She appeared as at the trial. She was living with her parents Honnaiah, (father) and Parvathi, (mother) in village Kenjige. Both the accused and the prosecutrix belong to Scheduled Caste. On 5th of May, 1991, between 8.00 and 9.00 p.m. while the prosecutrix and her brother, Ramesh were playing in the Chavani of their house, the respondent went there and called out for Honnaiah. father of the prosecutrix. ” Parvathi, was at that time preparing chapattis in the kitchen. She answered back to say that her husband was not in the house. On hearing this, the respondent went inside the house and asked Parvathi, to sleep with him, since her husband was not present in the house. She protested. The respondent made obscene gestures and pulled her breasts and on her further protest, the respondent beat her up. Parvathi, managed to somehow escape and ran out of the house and went towards the house of her mother-in-law, Ramaji. Both the prosecutrix and her brother, after observing the incident also made an attempt to run away. The respondent, however, caught hold of the prosecutrix by her right hand and dragged her to room no. 3 of houses in collie line. The respondent closed the door and forcibly made prosecutrix to lie on the floor. The protest of the prosecutrix and her effort to free herself from the hold of the respondent led to the respondent beating her on her upper lip which started bleeding. The prosecutrix fell on the ground. The respondent had forcible sexual intercourse with her. She sustained bleeding injuries on her private parts also and was exhausted. The respondent then left the room and locked it from outside. Father of the prosecutrix, had in the mean while returned home. He learnt that the respondent had taken the prosecutrix towards the collie line. He went to the house of PW- 12, but was assaulted and threatened with dire consequences in case he disclosed about the occurrence to anyone. In the early house of the morning, father and mother of the prosecutrix went to room No. 3 in the coolie line and rescued the prosecutrix. The matter was thereafter reported to the police. The prosecutrix was sent for medical examination to the hospital where she was treated. After completion of investigation, challan was filed and the respondent prosecuted for various offences.

Judgment: On evaluation of the entire evidence and documents on record, in our considered view, the appellant is clearly guilty of the offences under Section 376 IPC.we enhance the sentence of 4 years R.I. as imposed by the High Court to 10 years R.I. for the said offence. We maintain the sentence of fine together with the default clause as imposed by the Courts below also Necessary warrant shall be issued to take the respondent into custody to undergo the remaining period of his sentence.

  • State Of Himachal Pradesh vs Raghubir Singh[xvii]
Facts: The respondent-accused was prosecuted for committing rape on a child of 8/9 years of age.  The prosecution case was that while the prosecutrix, her father and elder sister were in their fields, it started raining and all the three ran towards their house;  got separated from the two kins and was following them when the accused, then aged about 16 years, took her under a mango tree and committed rape on her;  who in the meantime returned to the fields in search of, saw the accused lying on her, he raised an alarm whereupon, rushed to the spot and the accused ran away leaving crying and bleeding per vagina.
The following Order of the Court was delivered: On special leave being granted, the State of Himachal Pradesh has preferred this appeal against the judgment and order dated 16.11.1983, acquitting the respondent of an offence under Section 376, IPC earlier recorded by the learned Sessions Judge.

Judgment: We, accordingly, set aside the acquittal of the respondent and hold him guilty of the offence under Section 376 IPC for having committed rape on the prosecutrix on the date and in the manner alleged by the prosecution. Having recorded the conviction of the respondent for the offence under Section 376 IPC. The respondent is held guilty of an offence under Section 376 IPC and sentenced to suffer rigorous imprisonment for a period of five years. The respondent shall be taken into custody to suffer the term of imprisonment.

Sexual assault is not like any other crime. Unlike other violent crimes, most incidents go unreported despite evidence suggesting that the rate of sexual assault is on the increase. And despite the physical nature of the act constituting the crime, much of the harm is psychological or emotional in nature. The prosecution of sexual assault is unlike the prosecution of any other criminal offence. There is an intense focus on the character and motivation of the complainant. Traditionally, this focus has translated into a preoccupation with aspects of the complainant’s behaviour, which is not immediately related to the circumstances of the offence. The complainant is subjected to marked humiliation which adds insult to the injury.

Rape is especially stigmatizing, a rape victim (especially one who was previously a virgin) may be viewed by society as being “damaged.” Victims may suffer isolation, be disowned by friends and family, be prohibited from marrying, be divorced if already married, or even killed. This phenomenon is known as secondary victimization.

-Angel Srivastava, BA-LLB 2020-2025, ICFAI University, Dehradun

                                                    BIBLIOGRAPHY

  1. https://www.manupatrafast.com/
  2. https://indiankanoon.org/
  3. https://www2.palomar.edu/pages/police/facts-about-rape/
  4. https://blog.ipleaders.in/?VISITS=14&ILANDPAGE=https%253A%2F%2Fblog.ipleaders.in%2Ftheft-extortion-ipc%2F&LREFERRER=https%253A%2F%2Fwww.google.com%2F&IREFERRER=https%253A%2F%2Fwww.google.com%2F&s=rape+case
  5. https://blog.ipleaders.in/
  6. https://www.casemine.com/
  7. https://www.thehindu.com/news/national/kuldeep-singh-sengar-gets-life-imprisonment-in-unnao-rape-case/article30357770.ece
  8. https://www.thehindu.com/opinion/op-ed/shakti-mills-rape-case-verdict-ignores-the-proportionality-principle/article28628573.ece
  9. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3777346/
  10. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3777346/#ref25

[i]Gloria Lotha, U.S. Department of Justice, britannica.com, Feb 20, 2020, https://www.britannica.com/topic/US-Department-of-Justice/additional-info#history

[ii] The Indian Penal Code, 45 of (1860)

[iii] Indian Penal Code, Section 375 (1860)

[iv]AIR 2013 SC 2071.

[v]The Indian Penal Code, section 376 (1860)

[vi]The Code of Criminal Procedure, section 309 (1973)

[vii]The United Nations Population Fund: Assault on the World’s-People. [2008 Jun 24]. Available from: http://www.c-fam.org/docLib/20080624_UNPF.pdf.

[viii]AIR 1991 SC 207, 1991 (61)

[ix] AIR 1997 SC 3011

[x] 1984 (1) Bom CR 453

[xi] AIR 2017 SC 2161

[xii]AIR 2012 SC 542

[xiii]AIR 2019 SC 1136

[xiv]2004 CriLj 2767

[xv](2006) 8 SCC 560

[xvi]2000 CriLJ 1793, (2000) 4 SCC 75

[xvii]1993 SCR (1)1087

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