'Running Rapist Bachaao Abhiyaan': Vishal Dadlani SLAMS Chhattisgarh HC's 'Ejaculation Without Penetration Of Penis Not Rape' Ruling
· Free Press Journal
Bollywood singer-composer Vishal Dadlani strongly reacted to a recent judgment by the Chhattisgarh High Court that modified a rape conviction to attempt to rape in a 2004 sexual assault case. The HC ruled that ejaculation without penetration does not meet the legal definition of rape under Section 375 of the Indian Penal Code (IPC), as it stood before the 2013 amendment.
Delivering the verdict on February 16, Justice Narendra Kumar Vyas observed that penetration is the “sine qua non” for the offence of rape. “The sine qua non of the offence of rape is penetration, and not ejaculation,” the court remarked. “Ejaculation without penetration constitutes an attempt to commit rape and not actual rape.”
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The decision drew sharp criticism from Dadlani, who expressed his outrage on Instagram. He wrote, "Seriously!?? What!!!??? @livelaw.in you need to start naming these judges, and posting their pictures online alongside such judgements."
He added, "Let their wives, daughters, sisters, mothers see what the "man of their house" thinks. Someone is clearly running a #RapistBachaaoAbhiyaan."
'Ejaculation Without Proven Penetration Is Attempt To Rape': Chhattisgarh HCWhat is the case?
According to the prosecution, the incident took place on May 21, 2004. The accused allegedly dragged the victim to his house, confined her in a room, tied her hands and legs, gagged her, and sexually assaulted her. An FIR was filed, and the Additional Sessions Judge in Dhamtari had earlier convicted him under Sections 376(1) and 342 IPC for rape and wrongful confinement.
However, while examining the appeal, the HC scrutinised inconsistencies in the victim’s testimony and medical findings.
Vishal Dadlani BLOCKS Politician & Aspiring Singer After Receiving 'Sifarish' Call, Says 'Have No Interest In Working With You'During the trial, the victim initially claimed penetration but later stated that the accused had kept his private part over her vagina for about 10 minutes without penetration. Medical reports noted redness and white discharge, and human sperm was found on her undergarments, but her hymen was intact. The doctor could not conclusively confirm rape.
After analysing the evidence, the HC concluded that although the assault was violent and showed clear intent, penetration was not conclusively established under the law as it existed then.
'Politicians Are In Their Papa's Pockets': Varun Grover Reacts To Teen Accused In Dwarka Hit-And-Run CaseThe conviction was modified to attempt to rape under Sections 376/511 IPC. The accused was sentenced to three years and six months of rigorous imprisonment and fined Rs 200, while his conviction for wrongful confinement was upheld. He has been directed to surrender before the trial court to serve the remaining sentence.