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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Delhi: Father, son held for killing 19-year-old woman in suspected honour killing
New Delhi (PTI): The Delhi Police has arrested a man and his son for allegedly murdering his 19-year-old daughter in west Delhi's Hari Nagar area, an official said on Friday.
The case first came to light on April 1 after a PCR call was received around 2 pm, alleging that a woman had been killed by her family members and her body was being taken for last rites, he said.
The accused, identified as Mohammad Maneer (55), a vegetable vendor, and his son Meraj Ali (19), were arrested in connection with the case, the officer said.
The victim had been in a relationship with a man from her native place for the past two years, which was opposed by her father, Maneer and brother Meraj, he said.
"When the girl did not end the relationship despite objections, the family killed her," the officer said.
On April 1, the police said that when their team reached the spot, they found that the woman's body was being taken for burial.
Acting on the input, the burial process was stopped over suspicion of honour killing.
"Police intercepted the family members and took possession of the body," he said.
Police said that the man who had made the PCR told them that the woman was in love with his cousin.
During the inquiry, police also interacted with the PCR caller, who said his cousin, a friend of the deceased, had informed him about the situation and suspected foul play, prompting him to alert the police control room.
The body of the woman was subsequently shifted to the mortuary of Deen Dayal Upadhyay Hospital for preservation and postmortem.
Police said that both the crime team and the forensic science laboratory (FSL) team were called to inspect the scene and collect evidence.
Police said that, as per the postmortem report, the cause of death was identified as smothering, indicating that the woman was suffocated.
A preliminary inquiry also revealed that the family had initiated preparations for the last rites soon after the woman's death, raising suspicion about the circumstances.
Initial investigation pointed to the family's opposition to the woman's relationship.
"The family members of the woman saw her with the man, and she was taken back home. We got to know that she was beaten up and even locked inside the house for some days," a source said.
Further investigation into the matter is underway, police added.
