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Rape should not lead to the removal of clothing: Meghalaya High Court

The Meghalaya High Court has ruled that the sexual assault on the underwear will be rape. (representation)


A sexual assault will also be a rape for underwear, and the accused will be charged under section 375 (b) of the Indian Penal Code, the Meghalaya High Court has ruled.

After hearing the case of the rape of a 10-year-old child, a panel of the division of Chief Justice Sanjib Banerjee and W Diengdoh upheld the order of the lower court that convicted the accused.

The event took place on September 23, 2006. The judge said the girl, in a medical examination a week later, had pain in private parts and there was sufficient evidence of penetrating sex, although the accused said she had not removed her underwear. .

On 31 October 2018, a man was tried by a court and sentenced to 10 years in prison and fined 25,000 euros.

The convict challenged the order in the National Court, saying that if the girl’s underwear was not removed, she could not be charged with rape.

“Whatever the reason for the victim’s pain at the time, he complained of pain when he was examined on October 1, 2006, and the medical report confirmed that,” the Supreme Court said. order.

“The main reason for the defendant’s appeal is the fact that the appellant was raped and sentenced to 10 years imprisonment and a fine of 25,000 rubles, to six months’ imprisonment, in accordance with Article 375 of the Indian Penal Code, which was made in 1860,” he said. your High Court.

“Since the victim was a minor and the appellant confessed to losing control of himself and committing the crime, it does not appear that the sentence imposed on the appellant here is out of place,” the judges added in the order.

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