RAPE
 


RAPE AS DEFINED IN THE INDIAN PENAL CODE,1860:- SECTION 375 OF THE INDIAN PENAL CODE DEFINES THE OFFENCE RAPE AS FOLLOWED:- A man is said to commit  "Rape" who except in the case herinafter excepted ,has sexual intercourse with a woman under circumstaces falling under any of the six following descriptions:-

Firstly- Against her will.

Secondly- without her consent.

Thirdly- With her consent ,when her consent has been obtained by putting her or any person in whom she is interested in fear of  death or of hurt.

Fourthly- With her consent ,when the man knows that he is not her husband ,and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married .

Fifthly-With her consent , when at the time of giving such consent ,by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome  substance , she is unable to understand the nature and consequences of that to which she gives consent.

Sixthly- With or without her consent , when she is under sixteen years of age .

EXPLANATION- Penetration is sufficient to constitute the sexual intercourse necessary to the offence of  Rape.

Exception- Sexual intercourse by a man with his own wife , the wife not being under fifteen years of age , is not Rape.

ESSENTIAL INGREDIENTS .


A.  A man has sexual intercourse
     with a woman.
B. Such intercourse falls under one of the six clauses of the section.
C. The case does not fall within the exception to the section.


CRIME AGAINST ENTIRE SOCIETY- Rape is not only a crime against the person ,a woman(victim), it is a crime against entire society. It destroys the entire psychology of a woman and pushes her into deep emotional crises. It is only by her sheer will power that she rehabilitates herself in the society which, on coming to know of the Rape looks down upon her in derision and contempt . Rape is therefor , the most hatred crime. It is a crime against basic human rights and is also violative of the victims most cherished fundamental rights, mainly right to life guaranteed under Article 21 of  The Constitution Of India.


CHILD RAPE- Child Rape cases are cases of perverse lust for sex where even innocent children are not spared in pursuit of the sexual pleasure . There cannot be anything more cruel, inhuman and obscene than this . It is a crime against humanity . Many such cases are not even brought to light because of social stigma attached thereto. According to some surveys, there has been steep rise in the child rape cases . Children need special care and protection . In such cases , responsibility on the shoulders of the courts is more onerous so as to provide proper legal protection to these children . Their physical and mental immobility call for such protection . Children are the future of our country hope of tomorrow rests on them . In our Country, a Girl child is in a very vulnerable position and one of the modes of her exploitation is Rape besides other mode of sexual abuse. 

RAPE AND MURDER -DEATH PENALTY-RAREST OF RARE CASE CONFIRMED-  Kamta Tiwari v. State of M.P. AIR 1996 SC 2800, The Supreme Court viewed that where facts and circumstances of the case are proved , sentence of death should be maintained. The evidence on record clearly mentions that appellant was closely related to family of deceased ,seven years old girl . The accused appellant strangulated her into death and threw her body into well. This instance case comes under rarest of rare cases.

MOST CASES OF PROSECUTION FOR RAPE FAIL- Because the victim is not able to prove that she did not consent to the act. It has been also held in some cases that if there is no injury on the body or private parts of the victim ,it means that she did not resist and thus was a consenting party . If there are no marks of resistance on the body of the victim ,it is often inferred that she was a consenting party . Since consent of the Rape victim ,express or tacit, has been successfully pleaded as a defence to the offence of Rape most cases of custodial Rape escape prosection , as the defence in most cases is able to establish tacit consent. A woman is often lured to have sex  with a person who promises her a job or career or promotion in her job. Sometimes women are Raped in police custody by fright of being beaten up or actually being beaten up or some such threat to relations and dear ones and thereby extracting some sort of consent. Women in hospitals are Raped by doctors or attendants on the pretext of examining them , or operating them  . Similarly ,women and girls are raped in women's home , remands home and the like.

In cases of custodial rape , the law lays down that the punishment shall not be less than 10 years but may extend to life imprisonment. Though stringnet these provisions are ,yet they have not helped much in the prevention of custodial rapes.

In last , I can put in simple words , rape means a man having sexual intercourse with a woman against her consent . It is forcible ravishment of a woman .Its not necessary that force has to be physical force. Penetration need not to be deep or full. Even slightest of penetration is sufficient to constitute the crime of Rape. Entering the lips of vagina can be enough.

RAPE DESTROYS WOMEN'S HONOUR . RAPE IS CONSIDERD TO BE THE MOST HEINOUS CRIME AND THAT IS WHY VOICES FROM ALL THE QUATERS AND SECTIONS OF THE SOCIETY ARE DEMANDING CAPITAL PUNISHMENT  FOR THE OFFENCE. 

CRIME IS THE RESULT OF THE LACK OF THE RIGHT KIND OF EDUCATION . LET US ALL RESOLVE THAT WE WILL TRY OUR BIT TO MAKE OUR SOCIETY AND NATION FREE OF CRIME AND CRIMINALS .