Rape

 Rape [Section 375 & 376]

Section 375, IPC defines rape. In simple terms, the offence of rape is the ravishment of a woman, without her consent, by force, fraud or fear. In other words, it is the carnal knowledge (penetration of any of the slightest degree of the male organ of reproduction) of any woman by force against her will. It is an obnoxious act of highest degree which violates the right to privacy and sanctity of a female. Apart from being a dehumanizing and perverted act, it is also an unlawful interference in the personal life of a woman which is an intense blow on the honor, dignity, reputation and self-esteem of a woman. This outrageous crime not only causes physical injury to the victim but also humiliates, degrades and leaves a scar on the most precious jewel of a woman i. e. her character and dignity.

Essential Ingredients of Rape

Section 375 has the following two essential ingredient-

Actus Reus: There must be sexual intercourse, as understood in terms of the provisions of Section 375 (a) to (d), with a woman by a man.

Mens Rea: The sexual intercourse must be under any of the seven circumstances as given under Section 375.

Punishment for Rape (Section 376)

Section 376 provides punishment for committing the heinous crime of rape. This section is divided into two sub-sections.

Section 376(1) provides a minimum sentence of seven years of imprisonment that may extend to life imprisonment and fine.

Section 376(2) provides punishment not less than ten years of imprisonment but may extend to imprisonment for life or death or fine. 

Gang Rape (Section 376D)

Section 376D lays down the punishment for gang rape. Where a woman is raped by more than one person acting in futhereance of a common intention, each of them shall be liable for the offence of rape and shall be ounished with rigourous imprisonment for not less than twenty years which may extend to lifetime imprisonment and fine.

Case: Tukaram v. State of Maharashtra

Facts:  Mathura, a Harijan girl developed intimacy with a boy, Ashoka. Her brother lodged a report in the Police Station that Mathura had been kidnapped by Ashok. After sometime, Mathura was brought to the Police Station and statement was recorded. Since, it was late at night, so there were two constables (appellants) present at the police station at the time. The appellants asked Mathura to stay at the police station and asked her companions to wait outside. One of the appellants took her into the washroom and light a torch focusing on her private parts and thereafter dragged her and raped in spite of her protests. Then, the other appellant came and wanted to rape her but couldn’t as he was highly toxicated. Since, all the lights of the police station was off and nothing was visible, the companions of Mathura called her name and shortly afterwards, Mathura emerged out of the police station and alleged that one of the constables had raped her. The crowd became aggressive and so, her FIR was lodged on behalf of her statement. Doctor’s report stated that there was no injury on the body of Mathura. Her hymen revealed old ruptures. The appellants contended that since there was no direct evidence about the nature of the consent of the girl to the alleged act of sexual intercourse, it can be inferred from the available circumstances that she did this with her passive submission.

Judgment: The court held that no marks of injury was found on the body of the girl after the incident and this indicates that the intecourse was a peaceful affair and the story made by the girl was fictitious. Therefore, no offence is brought against the appellants. 

This case is popularly known as ‘Mathura Rape Case’.

After this case, it was interpreted by the Apex Court in many cases that  to constitute the offence of rape, it is not important that there must be some injury on the body of the victim.

Rape [Section 375 & 376]

By- Shambhavi 

VIP-AUTHOR