Slightest penetration sufficient to constitute rape:SC

“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.

Wahid Khan had committed the rape on October 14,1988 in Bhopal and the sessions court sentenced him to seven years rigorous imprisonment and the sentence was confirmed by the Madhya Pradesh High Court on September 29,2006,following which he appealed in the apex court.

Quoting Section 375 the apex court said,“Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

“It has been a consistent view of this Court that even a slightest penetration is sufficient to make out an offence of rape and depth of penetration is immaterial,” the Bench said.

The apex court further said in Indian society any girl or woman would not make such allegations against a person as she is fully aware of the repercussions flowing therefrom.

“If she is found to be false,she would be looked at by the society with contempt throughout her life. For an unmarried girl,it will be difficult to find a suitable groom.

Therefore,unless an offence has really been committed,a girl or a woman would be extremely reluctant even to admit that any such incident had taken place which is likely to reflect on her chastity.

“She would also be conscious of the danger of being ostracised by the society. It would indeed be difficult for her to survive in Indian society which is,of course,not as forward looking as the western countries are,” the Bench added while upholding the conviction of the rapist.