Rape

 Rape (Section 375):

A man is said to commit rape. Who except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions—

1. 1)  Against her will.

2. 2)  Without her consent

3. 3)  With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.

4. 4)  With her consent, when the man knows that he is not her husband, and her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

5. 5)  With her consent, when at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.

6. 6)  With or without her consent, when she is under 16 years of age.

Explanation: -

Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

Essentials:

There are two major essentials of Rape are:
1) Sexual intercourse by a man with a woman.
2) Such intercourse should be under 6 circumstances noted above.

Exception: -

Sexual intercourse by a man with his own wife, the wife not being under 15 years of age, is not rape.

In Pratap Mishra and others v

State of Orissa

A pregnant woman was raped by 3 persons.
7 months later, abortion took place.
Medical evidence showed that immediate abortion would have taken place if the 3 of the accused raped her one after another.

Further, absence of injuries on the private part of the accused and the lady made it clear that she was a consenting party.
Hence, the accused persons were acquitted.

In Tukaram V

State of Maharashtra (Popularly known as the Mathura case)

A minor Harijan orphan girl was called to the police station on an abduction report filed by her brother.

When they were about to leave the police station, the victim i.e., the Girl was asked to stay by G, one of the accused, who was on duty.
Later in the night he took her into a toilet and allegedly raped her.

 

After that the other accused T allegedly molested her and tried to rape her but could not succeed as he was heavily drunk.

The lower court acquitted them on the basis that the Rape was not proved and she was a liar.

On Appeal the Bombay High court convicted G of rape and T of molesting the woman and sentenced him to 5 years rigorous imprisonment.

In R V

Williams
a music teacher had sexual inter-course with his pupil under 16 years of age, under

the pretext of improving her voice. He was held guilty of rape.

Punishment for Rape (Sec-376):

1) Whoever except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than 7 years but which may be for life or for a term which may extend to 10 years and shall also be liable to fine unless the woman raped is his own wife and is not under 12 years of age, in which case, he shall be punished with imprisonment of either description for term which may extend to 2 years or with fine or with both,

Provided that the court may, for special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than 7 years.

2) Whoever –
a) being a police officer commits rape:

1) Within the limits of the police station to which he is appointed or

2) in the premises of any station house whether or not situated in the police station to which he is appointed or

3) on a woman in his custody or in the custody of a policy officer subordinate to him or

2. b)  being a public servant, takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him or

3. c)  being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women’s or children’s institution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution or

4. d)  being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital or

5. e)  commits rape on a woman knowing her to be pregnant or

6. f)  Commits rape on a woman when she is under twelve years of age or

7. g)  Commits gang rape.

Shall be punished with rigorous imprisonment for a term which shall not be less than 10 years but which may be for life, and shall also be liable to fine.

Provided that court may, for special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than 10 years.