The Chhattisgarh High Court has triggered nationwide debate with a recent observation in a case from Dhamtari. The court ruled that ejaculation without penetration does not constitute rape under Section 375 of the IPC.
The judgment was delivered on Monday, February 16. Justice Narendra Kumar Vyas stated that such an act would instead fall under “attempt to rape” and be punishable under Section 376 read with Section 511 of the IPC.
The ruling came while hearing a criminal appeal related to a 2004 case. The victim had alleged that the accused lured her from her home, assaulted her, restrained her, and locked her inside a room. A case was registered in Dhamtari in May 2004.
Following trial, the Additional Sessions Judge, Dhamtari (Camp Raipur), convicted the accused in April 2005. He was sentenced to seven years of rigorous imprisonment for rape and six months for wrongful confinement under IPC Section 342.
However, the High Court later observed that actual rape was not established. It noted that the prosecutrix’s testimony, when examined closely, created doubt at certain stages regarding penetration.
As a result, the conviction under IPC Section 376(1) was set aside. The accused was instead convicted for attempt to rape under Section 376 read with Section 511 of the IPC.
The revised sentence includes three years and six months of rigorous imprisonment, a fine of ₹200, and six months for wrongful confinement. The sentences will run concurrently.
The court also noted that the accused had already spent over one year in custody during trial. This period will be set off under Section 428 of the CrPC.
The judgment has sparked intense outrage on social media. Many users argue that sexual violation cannot be judged only through technical definitions. Others fear that the reduced sentence sends a troubling message.
Several voices have also called for deeper sensitivity in judicial appointments. They argue that legal interpretation must be balanced with compassion, especially in cases involving sexual violence.
