CHENTHAMARA Vs. STATE OF KERALA

JUDGEMENT

(1.) Is actual entry of penis through vagina essential, to constitute 'rape' under S.375 of the Indian Penal Code ('IPC' for short) In the absence of penile vaginal entry, will the offence of 'rape' be made out, under S.375 IPC What does the expression 'penetration' in Explanation to S.375 IPC mean These are the main questions which arise for consideration in this revision.

(2.) Facts briefly: A girl aged 12 years is the alleged victim in this case. The accused is her neighbour. On the crucial day, she went to his house, as usual, to play chess. She played chess with accused's brother and also the accused. Thereafter, the accused asked the girl to keep the chess board back in the room. When she went to the room with the chess board, accused accompanied her and, on reaching the room, he closed her mouth, took her to a corner of the room and committed rape on PW 1. The accused let the child go, on seeing blood trickling down her leg.

(3.) The accused was charge sheeted for offence under S.376 IPC. After trial, learned Assistant Sessions Judge found the accused to be guilty of attempt to commit rape and convicted and sentenced him to undergo rigorous imprisonment for a period of three years for attempt to commit rape, under S.511 read with S.376 IPC. In appeal, the said conviction was confirmed by learned Sessions Judge but, sentence was reduced to rigorous imprisonment for a period of one year. The accused challenges the conviction and sentence in this revision.