"We do not doubt in our mind that 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."
The bench of Kerala Hc comprising Justice K. Vinod Chandran and Justice Ziyad Rahman AA heard an appeal by the accused convicted for life imprisonment for repetitive sexual assault on various degrees on a minor girl, a class six student. The unfortunate incident came to light after the victim frequently complained of stomach aches. On examination, the victim revealed that her neighbour had sexually assaulted her over the last six months. Thereafter an FIR was registered, and the trial court heard the matter. The trial court found the accused guilty of offences and convicted him of a life sentence. Hence, the present appeal before the Kerala High Court.
The Man convicted of the offences put forth the issue of whether penetration made between thighs held together constitutes rape? "Whether section 375 includes any act of sexual assault which is imaginably possible and beyond penetration into vagina, mouth, anus"?
The convict put forth this issue after the prosecution case contended that the sexual assault against the accused is that of inserting the penis between the victim's thighs.
The Division Bench held that any penetration to any part of the woman that gives a sensation of penetration is included within the provision. The Appellant penetrated between the thighs of the minor victim, which is an act of manipulation for the victim's body, culminating in ejaculation.
Author: Papiha Ghoshal
