Kochi, August 5: Widening the definition of the offence of rape, the Kerala High Court recently held that a non-penetrative act, which provides sexual gratification to the accused similar to that of penetrative sex, will be termed as rape under the Indian Penal Code. The Kerala High Court delivered the significant judgment on plea of a rape convict who had asked the court to examine whether his act of inserting penis between the thighs of the victim constitutes the act of rape. Kerala Woman Raped And Assaulted, Locked In Room by Live-In Partner in Kochi; Accused Absconding.

The Kerala High Court was informed that the convicted man is accused of a non-penetrative act - inserting his penis between the thighs of the victim. His counsel had argued that such an act would not attract the offence of rape as defined under Section 375. However, the Kerala High Court disagreed with that restrictive definition of rape. SC Refuses to Grant Bail to Former Catholic Priest Convicted in a Rape Case on Plea of Marrying Victim.

"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," a division bench of Justice K. Vinod Chandran and Justice Ziyad Rahman A.A said, as reported by LiveLaw.

"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 375 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 bench added.

A lower court in Kerala had found the petitioner guilty of raping a minor. He was charged under various sections of the POCSO Act (Protection of Children from Sexual Offences Act), including aggravated sexual assault and sexual harassment, and also under sections of the Indian Penal Code, including rape. He was sentenced him to life imprisonment for the remainder of his life.

Charges against the man framed under various sections of the POCSO Act had been revoked because the prosecution failed to prove the age of the victim. The Kerala High Court upheld the conviction but modified the lower court's order that sentenced him to "life imprisonment meaning imprisonment of the remainder of his natural life" to just "life imprisonment".

(The above story first appeared on LatestLY on Aug 05, 2021 02:25 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).