Chhattisgarh High Court: Ejaculation Without Penetration Is Attempted Rape, Not Rape
The Chhattisgarh High Court has ruled that ejaculation without penetration does not constitute rape under the Indian Penal Code as it stood in 2004, but amounts to an attempt to commit rape.
In a February 16 judgment, Justice Narendra Kumar Vyas modified a 2005 trial court conviction from Dhamtari district. The accused’s sentence for the main charge was reduced from seven years to three-and-a-half years of rigorous imprisonment, while the six-month term for wrongful confinement (Section 342 IPC) was upheld. Both sentences will run concurrently.
The case dates to May 21, 2004. The prosecution alleged the accused forcibly took the victim to his home, stripped her, attempted non-consensual intercourse, tied her hands and feet, locked her in a room, and gagged her. Her mother later rescued her. The trial court convicted him under Section 376(1) IPC for rape.
On appeal, the court examined whether penetration—the essential element of rape under the pre-2013 Section 375 IPC—was proved beyond reasonable doubt. The survivor initially mentioned penetration but later clarified the accused placed his private part above hers without entry. Medical evidence showed an intact hymen, vulvar redness, pain, white discharge, and sperm on clothing. The doctor noted possible partial penetration but could not confirm rape.
Justice Vyas observed the accused’s intent was “criminal and clear.” Acts including dragging the victim indoors, stripping her, and rubbing genitals against hers constituted an attempt, not mere preparation. However, the survivor’s revised testimony and intact hymen created reasonable doubt about full penetration. Citing Supreme Court precedents that even slight penetration suffices for rape, the bench held the prosecution failed to prove the completed offence.
The conviction under Section 376(1) was altered to Section 376 read with Section 511 IPC (attempt to rape). The court rejected defence challenges to the victim’s age, accepting the school register as reliable.