Bombay High Court Claims Lack of Penetration Does Not Mean There Was No Rape


According to case reports, the victim was alone at home while her mother was attending a wedding in town.


Aurangabad: The Bombay HC upheld the case of a 74-year-old on 10 years imprisonment reiterating that the lack of penetration does not suggest that there was no rape. The accused suffered imprisonment for raping his adopted daughter on December 16, 2016.

According to case reports, the victim was alone at home while her mother was attending a wedding in town. When she woke up at night, she found the man touching her inappropriately. He undressed her with force.

The child confessed this mistreatment to one of her teachers with great difficulty. And after this, the Paithan Police took him into custody based on the teacher’s FIR. On July 10, 2019, he was sentenced to 10 years of imprisonment by POSCO for raping a minor. However, he was let off on all charges as POSCO failed to provide evidence of the victim’s age.

The accused asserted that his wife’s brothers were using the child to settle a property dispute. His lawyer submitted a report claiming that there was no penetration, as stated by the victim. This was stated by the victim herself.

The judge, MG Sewilkar held the bench of justice. He said that even if there was no penetration, there were semen stains on the clothes of the accused and survivor. So he refused to accept the debate.

From the observations of the decisions that the Supreme Court passed, the attempt to penetration also entails sections 375 & 376 of the Indian Penal Code (IPC). “It is evident that even if there is no penetration, it does not mean that there was no rape,” the single judge bench firmly stated.

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