The Kerala High Court held that it is rape when the body of the victim is manipulated to simulate a sensation akin to penetration of an orifice.
A Division Bench of Justice K. Vinod Chandran & Justice Ziyad Rahma while dealing with the issue that term “rape” as contained in the amended section 375 takes in sexual assaults beyond penile penetration into the vagina, urethra, anus, and mouth the known orifices in the human body to which such penetration as imaginably possible.
The court observed: “…we have no doubt in our mind that when the body of the victim is manipulated to hold the legs together for the purpose of simulating a sensation akin to penetration of an orifice; the offence of rape is attracted. When penetration is thus made in between the thighs so held together, it would certainly amount to “rape” as defined under Section 375.”
Further, the court observed that the provision of section 375 IPC includes penetration to other parts of the body of a woman and it is not confined to the vagina, urethra, or anus.
The court asserted that the section plays wider amplitude to the maximum extent possible; it includes all forms of penetrative sexual assaults in the definition of rape.
The Court said: “Considering the intention of the legislature, followed by the enactment of Criminal Law Amendment Act, 2013 and gradual evolution of the concept of the offence of “rape” from time to time, the irresistible conclusion is that the definition of rape as contained in section 75 would take in, all forms of penetrative sexual assault onto vagina, urethra, anus or any other parts of the body so manipulated to get the feeling or sensation of an orifice.”
The Victim, a minor had been repeatedly sexually assaulted by her neighbor. Upon which complaint was registered in the police station and matter was heard before Trail Court. Therefore the Trail Court sentenced him to imprisonment for life.
Read Order HERE