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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Marxism will remain relevant despite Left electoral's losses, says general secretary M A Baby
New Delhi (PTI): CPI(M) General Secretary M A Baby on Thursday asserted that the Left movement would remain relevant despite not being in power in any state, saying the ideology would continue to endure as long as social and economic inequalities persist.
Hitting back at BJP leader Rajeev Chandrasekhar over his reported remarks that Marxism had become irrelevant, Baby, in an interview with PTI Videos, said, "So long as there is division in society, so long as there is exploitation of the majority of workers, peasants and ordinary masses by a handful of billionaires, Marxism will remain relevant."
"That perhaps Mr Rajeev Chandrasekhar may not be able to understand, but this is the fact of the matter," he said.
Baby acknowledged that the CPI(M)-led Left was currently without an elected government in any state, but maintained that electoral setbacks would not diminish the movement's role.
"We may not have an elected government in any state. There were occasions when we didn't have a government. But the red flag and the commitment to organise and struggle for the rights of the dispossessed, marginalised and exploited will always be upheld by CPI(M) and the Left movement," he said.
He said the Left continued to enjoy support among workers, peasants, agricultural labourers, youth, students and women, and argued that the movement remained necessary because "oppression and assault" continued in society.
"So long as such problems exist in society, the red flag and the working class movement will continue to work among the masses," the Left leader said.
Exuding confidence on the Left's revival, Baby said the party would reflect on the reasons behind its electoral loss.
"We may be rejected in one election, but we will stage our comeback by understanding what went wrong with us," he said, adding, "We will listen to people and we will come back with higher strength."
Baby also criticised the Congress over reported factional tensions in Kerala after the Congress-led United Democratic Front's victory in the state.
"The way they are behaving is being watched by the people of Kerala," he said, referring to infighting within the Congress.
"Those who have given a massive majority to Congress and UDF would be watching all this," he added, while urging party leaders to "settle the problem in an amicable, democratic manner".
Referring to West Bengal, Baby alleged that violence had escalated following the BJP's victory in the state assembly polls.
"It is quite unfortunate that the moment BJP snatched a massive victory in West Bengal, violence has also started on a big scale," he said.
He also accused the Trinamool Congress of being "notorious for violent activities" and alleged that the "RSS-controlled BJP" had "unleashed violence in many places" after the election results.
"This is not good for Bengal, not good for the country. We wish and hope that normalcy would be restored as soon as possible," he said.
Baby said the CPI(M) and the Left in West Bengal would continue efforts to "pacify people" and avoid violence and confrontation.
Asked about former Kerala chief minister Pinarayi Vijayan not reacting publicly to the election results, Baby said Vijayan would respond "at an appropriate time".
