Acts preceding actual partial penetration without ejaculation is attempt to rape: Chhattisgarh HC
Bilaspur (PTI): Noting that the act of the convict preceded the actual partial penetration but without ejaculation, the Chhattisgarh High Court has reduced the seven-year sentence awarded by a trial court to a man in a 2004 rape case and convicted him for attempted rape instead.
Partially accepting the accused's appeal, the High Court has reduced the convict's sentence to three years and six months' rigorous imprisonment. A fine of Rs 200 was imposed.
"The proof of penetration, even if partial, is necessary to prove rape. The evidence available in the present case does not prove complete rape, but it does prove that the accused attempted rape. The evidence available in the present case does not prove complete rape, but it does prove that the accused attempted rape," Justice Narendra Kumar Vyas stated in the order on February 16.
Additional Sessions Judge, Dhamtari (Camp-Raipur), had convicted Vasudeo Gond on April 6, 2005, under section 376(1) of the Indian Penal Code (IPC) and sentenced him to seven years’ rigorous imprisonment.
He was also sentenced to six months’ rigorous imprisonment under Section 342 IPC. Both sentences were to run concurrently.
Gond had lured the victim, a resident of Dhamtari district, to his house on May 21, 2004, under some pretext, and raped her.
He locked her in a room and tied her hands and feet. A case was registered at the Arjuni police station.
The prosecution examined 19 witnesses during the trial.
In her statement, the victim had claimed forced sexual intercourse by the accused. However, during cross-examination, she gave contradictory statements regarding penetration.
Medical examination revealed an intact hymen, but the possibility of partial penetration was raised. The FSL report also found human sperm in some samples.
The High Court noted that the victim's statement lacked clarity regarding penetration. The medical evidence also failed to establish complete penetration. Citing various Supreme Court decisions, the single-judge bench stated that proof of penetration, even if partial, is necessary to prove rape.
"The evidence of the victim is corroborated with the medical evidence brought on record by the prosecution and law on the subject. It is quite vivid that an offence of attempt to commit rape is made out against the appellant, as there is partial penetration by the appellant.
"As such, the act of the appellant forcibly taking the victim inside the room, closing the doors with the motive of carnal knowledge, was the end of ‘preparation’ to commit the offence. His following action of stripping the victim and himself, and rubbing his genitals against those of the victims and partial penetration, which was indeed an endeavour to commit sexual intercourse," the HC stated.
It said the acts of the appellant were deliberately done with manifest intention to commit the offence aimed at and were reasonably proximate to the consummation of the offence.
"Since the acts of the appellant exceeded the stage beyond preparation and preceded the actual partial penetration but without ejaculation, the appellant is guilty of attempting to commit rape as punishable within the ambit and scope of Section 511 read with Section 375 IPC as it stood in force at the time of occurrence," the HC stated.
The HC convicted Gond under sections 376 (1) and 511 of the IPC, instead of section 376, and sentenced him to three years and six months' rigorous imprisonment. The six-month sentence under Section 342 was upheld. Both sentences will run concurrently.
The bench ordered that the sentence already undergone by the accused be set off.
It cancelled the bail of the accused and directed him to surrender before the trial court within two months, failing which action for his arrest would be initiated.
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Kerala not a drug hub, says DGP; Over 30,000 cases registered in 'D-Hunt' drive
Thiruvananthapuram (PTI): Kerala Police chief Ravada Chandrasekhar has said more than 30,000 drug-related cases were registered in the state last year as part of the government's ongoing 'D-Hunt' drive against drug abuse and trafficking.
In an interview with PTI Videos, the Director General of Police dismissed allegations that Kerala has become a drug hub. The police chief said the higher number of cases reflects stronger detection, not increased drug activity.
Speaking on the 'D-Hunt' campaign, he said it is a coordinated effort by the police and excise departments to crack down on both the supply and demand sides of the drug trade.
Chandrasekhar did not rule out a shift towards synthetic drugs, saying there were clear signs of rising demand.
"The shift towards synthetic drugs is a great possibility, as we regularly seize MDMA. That shows there is an increase in demand. We are addressing it, and we are taking very strong action," Chandrasekhar said.
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The DGP said the police force is giving greater importance to prevention, with awareness programmes organised across the state with community support.
"Our main aim is to reduce the demand side. We are organising various programmes with the help of Student Police Cadets, Janamaithri police and strong community participation," he said.
Highlighting a new initiative, he said the police had launched PODA (Prevention of Drug Abuse) in partnership with the Confederation of Indian Industry (CII) and Young India chapter in Thiruvananthapuram.
"Twenty-one companies have come forward and more than 1,000 employees have voluntarily declared they will not use drugs and are ready for random checks. It is a very good initiative," he said, adding that the programme would be expanded across the state.
On enforcement, Chandrasekhar said the police have made major commercial quantity seizures, tightening pressure on drug suppliers and traffickers.
"In all commercial quantity cases, we invoke provisions of the Preventive Detention Act and also forfeit their properties. This sends a strong message to major suppliers," he said.
Dismissing allegations that Kerala has become a drug hub, Chandrasekhar said, "The allegation is unfounded. There is definitely an increase in detection of cases, which means officers are working very hard to identify and take legal action."
The police chief also said that during a special drive on Tuesday, police detained more than 1,200 people, including hundreds against whom warrants were pending.
He said the operation was conducted in the backdrop of the recent Thiruvalla parlour attack, where a woman was assaulted in broad daylight.
"We will continue such drives to take action against criminal elements and enforce preventive custody. These drives will be intensified as the state is heading for elections," Chandrasekhar added.
Chandrasekhar said the Kerala Police largely perform their duties well and receive widespread appreciation from the public, with only a few stray cases of misconduct reported.
The police chief said that in a force of around 60,000 personnel, who interact with 10,000 to 15,000 people every day, only one or two cases of aberrant behaviour come to notice, and strict action is taken in such instances.
"We have 60,000-odd police personnel. There may be a few troublemakers. Every day we touch 10,000 to 15,000 lives either directly or indirectly. One or two small aberrant behaviours come to our notice and we definitely take note of them and take appropriate action against the officers or personnel involved," the DGP said.
He said that overall, the Kerala Police have earned praise for their conduct, citing their role during major events.
"Generally, Kerala Police get a lot of kudos for good behaviour. You have seen it during the Sabarimala season, during the local body elections. In all these areas, police officers conducted themselves extremely well, and their hard work has actually earned us praise," Chandrasekhar said.
The DGP said police personnel have been clearly instructed to behave respectfully with the public, especially with those who approach police stations seeking help.
"My directive to policemen is that we should conduct ourselves with utmost restraint. Behaviour should be the standard norm and we would like to encourage that. I urge my colleagues to do the same and I request the public to support the police so that we can give better service," he said.
He said there is a strong emphasis on mutual respect between the police and the public.
"Anybody coming to a police station should be handled with respect, and all interactions with the public have to be very cordial. Police are public, and public are police. We need to respect each other. Kerala Police is a professional force and we act as per the law," the DGP said.
