As a Forensic Expert and a Lawyer I will term Rape is the mental illness of a person who takes a 5 years of a kid in a sexual way as well as a 50 years of old woman.This Barbarian pleasure comes out from the retarded mentality of an individual.As a lady I don’t degrade myself by saying insecure but when this type of people are surrounded by me I can also be traumatized and fear to death.
Being a lawyer we have the power to understand the liars and people who fake around or tamper with evidences.Least we can do is not to defend this class of people in the society.Law is costly in India.A good amount of investment is done to study law.Besidemoney,talent and huge level of patience is also needed.Butatleast for the sake of these souls we as a lawyer can decide not to give a defence to these accused who are not getting convicted because of good defensive lawyers.
I am not here to create one more chapter of Rape certainly in this Earth,I have lot more to do that to become an eye catching candy of the lost people.We are the lioness child of our motherland Bharat.We worship Sita and Kali.We worship father,brother,teachers,neighbour’s,seniors because we have been taught to do so.Idoubt on the upbringing of the rapists because of their mental brutality and cruelty this is happening till today’s date.How much immense silence will be there?This is not any Strike Or Candle March I want.Iwant,we want Justice.Why there is so much h of less convictions on Rape?After POCSO came the ruthlessness have crossed every limits.
Where can we dream of Fast track court in India for Rape?
After the commitment given by the UP Govt.Yogiji is there any improvement to stop the crime on Rape?
After the commitment given by NCW National Commission For Woman,What are the result of decrease in Rape cases?
According to the report of NRCB is there any way not to convergence in Rape/assault or Unnatural offences?
The country we live have a huge legacy and respect.Certain retarded mentality of people always tries to defame and reduce it.
Section 375 IPC Should be known to all of us.
A man is said to commit “rape”if he-
A.Penetrates his penis,to any extent,into the vagina,mouth,urethra or anus of a woman or makes her to do so with him or any other person,or
B.Inserts,to any extent,anyobject,or part of the body,not being the penis,into the vagina,the urethra or anus of a woman or makes her to do so with his or any other person or
C.manipulates any part of the body of a woman so as to cause penetration into the vagina,urethra,anus or any part of body of such woman or makes her to do so with him or any other person. Or
D.applies his mouth to the vagina,anus,urethra of a woman or makes her to do.so with him or any other person,
Under the circumstances falling under any of the following seven descriptions,
1.Against her will.
2.Without her consent.
3.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.
4.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.
5.With her consent when, at the time of giving such consent,by personally or through another of any stupefied or unwholesome substance,she is unable to understand the nature and consequences of that to which she gives consent.
6.With or without her consent, when she is under 18 years of age.
7.When she is unable to communicate consent.
Explanation 1 :For the purposes of this section “Vagina” shall also include labia major.
Explanation 2 :Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non verbal communication, communicates willingness to participate in the specific sexual act.
PROVIDED that a woman who does not physically resist to the act of penetration shall not by the reason only of the fact,be regarded S consenting to the sexual activity.
Exception 1 :A medical procedure or intervention shall not constitute Rape.
Exception 2 :Sexual intercourse or sexual acts by a man with his own wife, the wife not being under 15 years if age, is not Rape.
376 D- Gang Rape
Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offense of Rape and shall be punished with rigorous imprisonment for a term which shall not be less twenty years, but which may extend to life which shall mean imprisonment for the remainder of that persons natural life,and with fine.
PROVIDED that such fine be just and reasonable to meet the medical expenses and rehabilitation of the victim.
PROVIDED FURTHER that any fine imposed under this section shall be paid to the victim.
377, Unnatural Offenses
Whoever voluntarily has carnal intercourse against the order of Nature with any man, woman or animal shall be punished with (imprisonment for life)or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to fine.
Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offences described in this section.
I have interlinked 376 along with 376 D and 377 because of strong connection with the live example of cases we can see in HATRAS AND BADAYUN.
The technical points for these cases contains:
1.Slightest penetration by the male part.
2.With or Without Semen.
4.Ruptured or Not Hymen.
5.Oral sexual intercourse.
6.Cloths washed or not.
7.Wash of Genitals.
8.Evidences needs to be collected within 3 days I.e.96 hours is the maximum time limit. After the evidences gets reduced.
9.DNA profiling/Mental Condition/Medical Condition are the major evidences of Rape Case.
10.Exact Date and Time.
11.Bleeding or not.
12.Assault or not.
So far these grounds are stable enough to prove the Rape.
U/S 164 Cr.pc Medical Practitioner will do examine after the consent without delay.
I urge to the people of India, mybrothers, friends and relatives,the MLA the MP and rest who ever is reading watching please contribute your thoughts and ask for the justice which is above all.In,this way nothing can be replaced. But When there is Justice there will be rest of peace of my sisters who became the victims of horrible incident in, theirllife.
Trisha Cherry Chakraborty
Researcher,Forensic Expert,Law Student Of Dhanbad law college