Slightest penetration sufficient to constitute rape: SC
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Last Updated: Tuesday, December 01, 2009, 23:09
New Delhi: The Supreme Court had held that in rape cases even slightest penetration without rupturing the hymen or other private parts of the victim amounts to rape.

A bench of Justices J M Panchal and Deepak Verma also said that normally if there is sufficient evidence the testimony by the victim should relied upon by courts as no Indian woman or girl victim would unnecessarily cause a slur on her own chastity by claiming to have been raped.

"Sexual intercourse.- In law, is held to mean the slightest degree of penetration of the vulva by the penis with or without emission of semen. It is therefore quite possible to commit legally the offence of rape without producing any injury to the genitals or leaving any seminal stains," the bench said in a judgement quoting medical jurisprudence.

The apex court passed the ruling while upholding the conviction of an autodriver Wahid who raped a minor but claimed he cannot be convicted as the victim's hymen was not ruptured.


First Published: Tuesday, December 01, 2009, 23:09

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