
Bollywood singer-composer Vishal Dadlani has strongly criticised a recent ruling by the Chhattisgarh High Court that reduced a rape conviction to attempted rape on the basis that ejaculation without proven penetration does not qualify as rape under the Indian Penal Code as it stood at the time of the offence.
Noting that the act of the convict preceded the actual partial penetration but without ejaculation, the Chhattisgarh High Court has reduced the seven-year sentence awarded by a trial court to a man in a 2004 rape case and convicted him for attempted rape instead.
Partially accepting the accused's appeal, the High Court has reduced the convict's sentence to three years and six months' rigorous imprisonment. A fine of Rs 200 was imposed.
Vishal Dadlani took to Instagram to voice his outrage, accusing the judgment of being part of a “Rapist Bachaao Abhiyaan” (campaign to protect rapists). But he deleted the post later.
Justice Narendra Kumar Vyas stated in the order on February 16 noted:
“The proof of penetration, even if partial, is necessary to prove rape. The evidence available in the present case does not prove complete rape, but it does prove that the accused attempted rape. The evidence available in the present case does not prove complete rape, but it does prove that the accused attempted rape.”
Additional Sessions Judge, Dhamtari (Camp-Raipur), had convicted Vasudeo Gond on April 6, 2005, under section 376(1) of the Indian Penal Code (IPC) and sentenced him to seven years’ rigorous imprisonment.
He was also sentenced to six months’ rigorous imprisonment under Section 342 IPC. Both sentences were to run concurrently.
In his Instagram story, Vishal reacted to a tweet by Live Law website about the ruling, writing, "Seriously!?? What!!!??? @livelaw.in you need to start naming these judges, and posting their pictures online alongside such judgements. Let their wives, daughters, sisters, mothers see what the "man of their house" thinks. Someone is clearly running a #RapistBachaaoAbhiyaan."
Vasudeo Gond had lured the victim, a resident of Dhamtari district, 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 was registered at the Arjuni police station.
The prosecution examined 19 witnesses during the trial.
In her statement, the victim had claimed forced sexual intercourse by the accused. However, during cross-examination, she gave contradictory statements regarding penetration.
Medical examination revealed an intact hymen, but the possibility of partial penetration was raised. The FSL report also found human sperm in some samples. (With PTI Inputs)
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