Insertion of male organ between the thighs of victim amounts to Rape

On 4th August, 2021 the Honorable Kerala High Court held that penetration made between tights would amount to Rape.

The fact follows, victim girl along with her mother went to a medical camp and during examination she has been sexually assaulted.

The Trial Court upon material evidences found the accused guilty and thus this appeal lies.

Issue is whether amended Section 375 includes act beyond penile penetration into vagina, urethra, anus or mouth.

Prosecution alleged that male organ was inserted between the thighs of the victim.

The court was called upon to decide whether penile act committed between the thighs would amount to rape or not?

Court examined after 2013 ammendment, rape includes all forms of penetrative sexual assault into vagina, urethra, anus or any other parts of the body for manipulating to get feeling or sensation of an orifice.

The Court held accused guilty u/s 375 ( c) r/w Sec 376(1) IPC.

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