Bilaspur, noting that the convict’s act preceded actual partial penetration but without ejaculation, the Chhattisgarh High Court reduced the seven-year imprisonment imposed by the lower court on a man in a 2004 rape case and convicted him of attempted rape instead.
The Supreme Court partially accepted the defendant’s appeal, and reduced the convict’s sentence to aggravated imprisonment for three years and six months. a fine $200 was imposed.
“Proof of penetration, even partial, is necessary to prove rape. The evidence available in this case does not prove complete rape, but it proves that the accused attempted rape. The evidence available in this case does not prove complete rape, but it proves that the accused attempted rape,” Justice Narendra Kumar Vyas said in the February 16 order.
Additional Sessions Judge, Damtari, convicted Vasudeo Gond on April 6, 2005, under Section 376 of the Indian Penal Code and sentenced him to rigorous imprisonment for seven years.
He was also sentenced to six months’ rigorous imprisonment under Section 342 of the Islamic Penal Code. Both sentences were to run concurrently.
Gund had lured the victim, a resident of the Dahmatari area, to his house on May 21, 2004, under some pretext, and raped her.
He locked her in a room and tied her hands and feet. A case has been registered at Arjuni police station.
The prosecution questioned 19 witnesses during the trial.
In her statement, the victim claimed that she had forced sex by the accused. However, during interrogation, she gave contradictory statements regarding the hack.
The medical examination showed that the hymen was intact, but the possibility of partial penetration was raised. The FSL report also found human sperm in some samples.
The Supreme Court noted that the victim’s statements lacked clarity regarding penetration. Medical evidence also failed to prove complete penetration. Citing various Supreme Court decisions, the single-judge panel stated that proof of penetration, even partial, is necessary to prove rape.
“The testimony of the victim is supported by the medical evidence recorded by the prosecution and the law in this regard. It is quite clear that the offense of attempt to commit rape is directed against the appellant, as there is partial penetration by the appellant.
“As such, the appellant’s act of forcefully taking the victim inside the room, closing the doors with the motive of sexual intercourse, was the end of ‘preparation’ for the commission of the crime. His subsequent act of stripping the victim and himself, rubbing his genitals on the victims’ organs and partial penetration, which was in fact an attempt to commit intercourse,” the Supreme Court stated.
She held that the appellant’s actions had been committed deliberately with a clear intention to commit the offense for which the offense was intended and were reasonably close to the completion of the offense.
“Since the appellant’s actions went beyond the stage of post-preparation and preceded actual partial penetration but without ejaculation, the appellant is guilty of attempt to commit the offense of rape punishable within the purview and ambit of Section 511 read with Section 375 of the IPC as it was in force at the time of occurrence,” the HC stated.
The Supreme Court convicted Jund under Articles 376 and 511 of the Iraqi Penal Code, instead of Article 376, and sentenced him to aggravated imprisonment for three years and six months. The six-month prison sentence was upheld under Section 342. Both sentences will run concurrently.
The court ordered the cancellation of the sentence previously imposed on the accused.
It canceled the defendant’s bail and ordered him to surrender himself before the court of first instance within two months, otherwise arrest procedures would begin.
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