Shillong ( Meghalaya), March 16 : A division bench of the Meghalaya high court has ruled that rubbing of male organ on the vagina or urethra over underpants would still amount to penetration and be charged under Section 375(b) of the Indian Penal Code, reported Live law.
The bench consisted of Chief Justice Sanjib Banerjee and Justice W Diengdoh and the case was filed way back back in 2006.
“Penetration for the purpose of Section 375 of the Penal Code does not have to be complete. Any element of penetration would suffice for the purpose of the relevant provision. Further, Section 375(b) of the Penal Code recognises that insertion, to any extent, of any object into the vagina or urethra would amount to rape. Even if it be accepted that the appellant herein forced his organ into the vagina or urethra of the victim despite the victim wearing her underpants, it would still amount to penetration…” LiveLaw quoted the order saying .
The complaint was filed in 2006 involving a minor who said she did not feel any pain and the accused did not penetrate but just rubbed from the top of the underwear.
According to LiveLaw ,On medical examination, it was found that the victim’s vagina was tender and red and her hymen was ruptured. The medical examiner said the girl was raped and was suffering from mental trauma.
LiveLaw reported ,’A trial court had convicted the accused who challenged the order contesting that if the victim’s underpants were not removed, then how could he be accused of rape’.
“The court observed that whatever may have been the reasons for the victim claiming that she did not feel any pain at the time, she complained of pain when she was medically examined on October 1, 2006,” the LiveLaw report said.
Source : LiveLaw
