LI Network
Published on: 27 August 2023 at 11:30 IST
The Delhi High Court has underscored that even minimal penetration is enough to establish sexual intercourse by a man.
The court made this observation while upholding the conviction of a man who had attempted to rape a seven-year-old girl in 2006 and confined her in a room.
Justice Swarana Kanta Sharma, who presided over the case, emphasized the importance of carefully considering whether the offense constitutes rape or an attempt to commit rape.
In the case at hand, the minor victim’s mother had filed an FIR, alleging that the accused had forcibly established physical relations with her seven-year-old daughter after taking them to a room.
The accused’s appeal was admitted in 2009, and his sentence was suspended during the appeal’s pendency.
Justice Sharma, while dismissing the appeal, highlighted the victim’s testimony, which indicated that she was led into the room while her younger sister waited outside.
The court analyzed the evidence and concluded that although full penetration had not occurred, there was an attempt at rape as the accused had attempted penetration, causing discomfort and pain to the victim. However, the act couldn’t be completed due to the victim’s mother’s arrival on the scene.
Justice Sharma also addressed the suggestion that the victim had been tutored, noting that there was no specific evidence or suggestion presented during the trial to support such a claim.
As a result, the appeal was dismissed, and the accused was directed to surrender before the relevant Trial Court within fifteen days to serve the remaining portion of the sentence.