No rape without penetration, high court delivers important verdict

Bilaspur (The Uttam Hindu): The Chhattisgarh High Court has delivered an important judgment in a sexual offence case, stating that ejaculation without penetration does not amount to rape under law. While interpreting Section 375 of the Indian Penal Code (IPC), the court clarified that penetration is a mandatory requirement to constitute the offence of rape.

The court held that if penetration is not proved, even if ejaculation occurs, the act will legally fall under the category of attempt to rape. Accordingly, the conviction of the accused was changed from rape to attempt to rape, which is punishable under IPC Sections 376 and 511.

Verdict changed after review of evidence in 20 year old case

The division bench gave this ruling while hearing an appeal in a nearly 20-year-old criminal case. Earlier, the trial court had convicted the accused for rape. However, after re-evaluating the evidence, the High Court found that the prosecution failed to establish penetration during the incident.

The court observed that mere physical contact of male genital organs with a woman’s private parts, or ejaculation without penetration, does not meet the legal definition of rape under IPC Section 375.

Serious offence, but punishment must follow legal framework

The court clarified that although the act does not qualify as rape in technical terms, it is still a serious criminal offence. The judges noted that the accused clearly intended to commit rape but could not complete the act.

Emphasising the dignity and bodily autonomy of the victim, the court said strict punishment is necessary, but sentencing must strictly adhere to the legal provisions laid down in criminal law.

Supreme court stance on attempt to rape

This judgment is considered significant in explaining the legal distinction between rape and attempt to rape. Recently, the Supreme Court of India overturned a ruling of the Allahabad High Court and clarified that acts such as forcibly touching a minor’s body or pulling her clothes fall under the offence of attempt to rape.

These judgments show that courts are balancing strict legal interpretation with the seriousness of crimes against women.