Shivani Pandey-
Published on August 04, 2021, at 03:46 PM
The Kerala High Court held that if the body of the victim is manipulated to prompt a sensation similar to penetration of an orifice, the offence of rape is attracted under Section 375 of the Indian Penal Code.
A Bench of Justice K. Vinod Chandran and Justice Ziyad Rahman A.A stated, “We have no doubt in our mind that when the body of the victim is manipulated to hold the legs together for the purpose of simulating a sensation akin to penetration of an orifice; the offence of rape is attracted. When penetration is thus made in between the thighs so held together, it would certainly amount to “rape” as defined under Section 375.”
The Court gave this decision in a matter that involved the repeated sexual assault of various magnitudes on a minor girl by her neighbour.
The Bench was hearing an Appeal filed by Accused against his conviction. After trial, he was found guilty for the offences under Section 11(i) r/w Section 12, Section 9(l) (m) r/w Section 10, Section 3(c) r/w Section 5 (m) and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, Section 375(c) r/w Section 376(2) (i), Section 377, Section 354, Section 354A(1)(i) of the IPC.
The accused was sentenced to imprisonment for life by the Trial Court thereafter he challenged the order in the High Court.
The preliminary question of law posed before the Bench for consideration was whether, the term “rape” as contained in the amended Section 375 of the IPC takes in sexual assaults beyond penile penetration into vagina, urethra, anus, and mouth. The known orifices in the human body to which such penetration is imaginably possible.
The Court held, “It is established from the evidence of PW1 that, the appellant had committed the offence of rape as he had penetrative sexual act between the thighs of the victim held together; an act of manipulation of the body of the victim to obtain sexual gratification, which culminated in ejaculation“.
Click here to Read/Download the Order
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