The Chhattisgarh High Court has reduced the sentence of the accused from seven years to three and a half years after medical evidence indicated that the survivor’s hymen was intact.
Ejaculation without full penetration constitutes attempted rape and not actual rape, the Chhattisgarh High Court ruled on Monday. Consequently, the court reduced the sentence of the accused from seven years to three and a half years after medical evidence indicated that the survivor’s hymen was intact.
A single bench of Justice Narendra Kumar Vyas said that the accused’s intent was “criminal and clear”, the prosecution failed to establish penetration beyond a reasonable doubt, a necessary ingredient for rape under Section 375 of the IPC as it stood in 2004. Consequently, the conviction under Section 376(1) was modified to Section 376/511 (attempt to rape).
The case dates back to May 21, 2004, in Dhamtari district.
According to the prosecution, the accused forcibly dragged the victim from her home to his house, stripped her, and attempted sexual intercourse against her will. The horror did not end there. The victim was allegedly locked inside a room, her hands and feet tied, and a cloth stuffed into her mouth. Hours later, her mother rescued her from confinement. In 2005, the trial court convicted the accused under Sections 376(1) and 342 of the IPC and sentenced him to seven years of rigorous imprisonment for rape, along with six months for wrongful confinement.
The appeal pivoted on a single, crucial legal question – Was there penetration? The High Court meticulously examined both the victim’s testimony and the medical report. In her initial statement, the victim alleged penetration; later, she admitted that the accused had only placed his private parts over hers without actual penetration. The medical report confirmed the hymen was intact. Redness on the vulva and the presence of human sperm on clothing were established.
The Court concluded that while there was clear evidence of sexual assault and intent, full penetration, the sine qua non for rape under the pre-2013 IPC, was not conclusively proved. Justice Vyas observed that genital rubbing and partial contact, even accompanied by sperm presence, indicated an attempt but did not satisfy the strict legal definition of rape
Citing multiple Supreme Court precedents, the Court clarified the difference between preparation and attempt. Forcibly taking the victim inside a room, stripping her, and rubbinghis genitals against her were acts that crossed the threshold of preparation and clearly demonstrated an attempt to commit rape. However, without definitive proof of penetration, Section 376 could not be invoked. Thus, the conviction was altered to Section 376 read with 511 IPC attempt to commit rape.
The defence attempted to question the victim’s age. The Court rejected this argument, holding that the school register qualifies as a valid public document under Section 35 of the Evidence Act and that no credible evidence was produced to disprove it.
