SC rejects the contention of physical disability of the accused as an excuse in rape case

In Seelan v. Inspector of police, the Supreme Court rejected the contention that “a man with one hand cannot rape.” On 16th December 2020, a man was accused for raping 6 year old girl. The contention from the side of accused is that he was physically disabled and submitted that it impossible to rape the girl with one hand.

In the previous hearing of the case, the court submitted that section 376(2)(f) has a minimum punishment of 10 years. But the accused pointed out that he was charged only under Section 376(1) and not under sub section (2). SC in the present hearing, recorded that the charge was not only under Section 376(1) but also under Section 376. Therefore, it included section 376(2). In this case, apart from the statement of the victim, the mother, the eyewitness testimony was also recorded. The court dismissed the special leave petition. The conviction and rigorous imprisonment for 7 years was sustained. Also, compensation under Section 376 of Indian Penal Code of Rs.1,00,000 was sustained.

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