But since the victim was below sixteen years of age when the accused had sexual intercourse with her, he was liable to be convicted under section 376 for rape on the basis of clause 6 of section 375 even though the victim was a consenting party. Where the accused, a young man of twenty two years of age, overpowered a thirty years old mother of two children and committed rape on her, his defence that he would not have succeeded single handedly against such a senior lady was rejected because the facts and circumstances including the injuries on the private parts of the lady which could result only on forced sex established rape beyond doubt. This exception has been added with a view to keep a check on husbands who may be inclined to take advantage of their marital status prematurely. This, however, is subject to section 198 6 of the Code of Criminal Procedure, 1973 according to which no court shall take cognizance of an offence under section 376 of the Indian Penal Code where such offence consists of sexual intercourse by a man with his own wife, the wife being under fifteen years of age, if more than one year has elapsed from the date of the commission of the offence. Archived from on 2 February 2007. The old section 327 has been numbered as sub-section 1 of that section and another provision, by way of sub-section 2 , has been added in that section. He had a relationship with Francis Wacziarg for 23 years until Wacziarg passed away.
They cannot arrest without a warrant, or force someone to go to the station without a written instruction. Many of the victims in reported cases would turn hostile during the investigation and trial. He then lodged a report with the police that her daughter had been kidnapped by the accused persons and she had been forced by them to have illicit intercourse with the appellant. Does the court want one to believe that a woman in the fifth month of pregnancy would be so interested in sex relations as to allow three men to have sex with her? If for some reason the court finds it difficult to place implicit reliance on her testimony, it has to look for evidence, direct or circumstantial, that may lend assurance to her testimony. Those perceived by the majority as 'deviants' or 'different' are not on that score excluded or ostracised. However, according to the Prevention of Corruption Act, 1988, the act of giving bribe is as grave an offence as taking it, and the giver is punishable with the same penalty as the receiver.
Sixthly The sixth clause of the section states that a man is guilty of committing rape who has sexual intercourse with a woman with or without her consent when she is under sixteen years of age. The term of punishment in these cases shall not be less than 20 years, but may be extended to life imprisonment. Also download the new mid-day and apps to get latest updates This story has been sourced from a third party syndicated feed, agencies. Although, in these cases, sexual intercourse will not amount to rape. According to the , in 2015, 1,491 people were arrested under Section 377, including 207 minors 14% and 16 women. Ministry of Home Affairs, Government of India. Dafa 302 was also the name of a Bollywood movie released in 1975.
The opinion of the medical experts also showed that it is very difficult for any man to rape single handed a grown up and experienced woman without meeting very stiff opposition. For instance, it clearly mentions that the child need not be taken to the police station to report a case of sexual offence. State of Gujarat the accused was alleged to have kidnapped the victim, a minor girl, with the intent that she might be forced or seduced to illicit intercourse. The minimum punishment for rape is seven years of imprisonment. And, when the medical experts opine that it is very difficult to rape a grown up and experienced woman single handed, is this opinion of theirs connected with medical matters at all? The Supreme Court further observed that the evidence of a girl or woman who complains of rape or sexual molestation, should not be viewed with doubt, disbelief or suspicion.
A husband should not have a right to enjoy the person of his wife without taking into consideration her physical safety first. Thus numbers of cases reported were very few compared to the scale at which the offences took place. The other tracking technologies work similarly to cookies and place small data files on your devices or monitor your website activity to enable us to collect information about how you use our sites. Hence the scope of all the sections is duly defined. When death is caused and a woman suffers from severe bodily injuries resulting in a vegetative state, a state where there is no physical movement in the body of an individual.
The corroboration would naturally depend on the facts and circumstances of each case. The petitioner has submitted that the section applies only to women as victims and men as perpetrators. When they were about to leave the police station, the victim was asked to stay by G, one of the accused, who was on duty. The third part of that section that the consent is not valid if it is given by the victim who is under twelve years of age, unless the contrary appears from the context, does not apply to rape cases because the contrary does appear from the context in the form of the sixth clause as well as the exception given in section 375 wherein consent given by a girl under sixteen years of age is immaterial, and sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape respectively. In gang rape, if rape has been committed by even one, all the accused will be guilty irrespective of the fact that she had been raped by one or more of them and it is not necessary for the prosecution to adduce evidence of a completed act of rape by each one of the accused. The plea also said that according to the Supreme Court ruling on the Right to Privacy, both male and female have equal protection of law under the Constitution.
Rape by Public Servant with woman in his custody: A public servant, who takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine. After the , the Indian Penal Code was inherited by its successor states, the and the , where it continues independently as the. The report was recorded by Head Constable Baburao. The victim herself had taken some money from her house for going with the accused and the accused had no money of his own. The law ensures that the pressure is not on the child to prove that the crime took place. On principle, the evidence of a victim of sexual assault stands at par with evidence of an injured witness.
Some part of the virile member of the man must have been within the labia of the pudendum of the woman. Issues like human rights and medical examination of the accused and not the victim to find out whether the sexual intercourse took place with consent or not were raised. Further, merely securing justice from the courts did not ensure that the victim was able to move on from the incident. The trial court convicted him and sentenced him to rigorous imprisonment for 10 years. Under this clause the prosecution must prove that the offender had put either the victim or any person in whom she is interested in fear either of death or of hurt and her consent was obtained because of this fear.