The Kerala High Court has passed a significant judgment with regard to the interpretation of rape in sexual harassment crimes as it observed that manipulation of women’s body to stimulate penetration also amounts to rape. While considering an appeal of an accused in POCSO case, the court held that any manipulation of the body of a woman such as penetrative sexual act between the thighs of a victim to simulate a sensation akin to penetration of an orifice is rape.
According to the prosecution, crime charged against the accused is that of the accused inserting penis between the thighs of the victim. The accused has challenged this aspect of the case in the high court.
After detailed hearing, the court noted that the provision of law includes penetration to other parts of the body of a woman and is not confined to the vagina, urethra or anus.
The order said, “Considering the intention of the legislature, followed by the enactment of Criminal Law Amendment Act, 2013 and gradual evolution of the concept of the offence of “rape” from time to time, the irresistible conclusion is that, the definition of rape as contained in section 375 would take in, all forms of penetrative sexual assault onto vagina, urethra, anus or any other parts of the body so manipulated to get the feeling or sensation of an orifice.”
The order said, “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.”
However, the court lifted the POCSO charges leveled against the accused as the prosecution failed to prove the age of the victim.
The court subsequently punished the accused for offences under Section 376(1) read with Sections 375(c), 354 and 354A(1) (i) of IPC.
As he was found guilty of offence under section 376(1) read with Section 375(c) instead of Sections 376(2) (i) and 377 by the Sessions Court, the sentence of life imprisonment with the meaning of imprisonment of remainder of natural life, is modified as life imprisonment, the high court said.
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