Rubbing a male organ even on underwear is tantamount to rape: Meghalaya HC

The Meghalaya High Court ruled that rubbing a male organ on the vagina or urethra, even on an undergarment, would still amount to penetration and be charged with rape under section 375(b) of the Indian Penal Code.

A divisional bench consisting of Chief Justice Sanjib Banerjee and Justice W. Diengdoh, in their order Monday on a rape incident dating back to September 23, 2006, said that while it was admitted that the appellant had forced his organ into the victim’s vagina or urethra although the victim is wearing his panties, this would still amount to penetration for the purposes of section 375(b).

“When it is evident that the 10-year-old victim, after being medically examined (October 1, 2006) about a week after the incident, still showed signs of tenderness in her vagina and her hymen was torn, there is sufficient evidence of penetrative sex. The victim also indicated that the caller pulled on her panties.”

A court of first instance had, on October 31, 2018, convicted the accused and sentenced him to 10 years’ imprisonment and a fine of Rs 25,000, failing which he will face an additional prison term of six months.

The convict challenged the order in the High Court, claiming that if the victim’s underwear was not removed then how could he be charged with rape.

But the high court did not accept this.

“In any event, under Section 375 (c) of the Penal Code, where a person manipulates any part of a woman’s body in such a way as to cause penetration, inter alia, into the vagina or urethra, the act would amount to There is sufficient evidence of such penetration in the present case,” the HC’s 6-page order reads.

“Whatever may have been the reasons why the victim claimed to feel no pain at the time, she complained of pain during her medical examination on October 1, 2006 and the medical report confirmed this. The medical report also confirmed tenderness in her vagina which also revealed redness and ruptured hymen.

“The main reason for the appeal of the defendant is that although the appellant was found guilty of committing rape and sentenced to 10 years’ imprisonment and payment of a fine of Rs 25,000 failing to serve an additional six months imprisonment, no case of penetration under Section 375 of the Indian Penal Code 1860 has been established,” the HC said.

“Given that the victim was a minor and the appellant admitted to losing control of himself and committing the offence, the sentence imposed on the appellant in this case does not seem out of place,” he said. -he adds.

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