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Sexual assault without removing undergarment amounts to rape, says Meghalaya high court

Meghalaya coal

Rubbing of male organ on a woman’s genitalia, even when she had her undergarment on would amount to rape. 

This was ruled by the Meghalaya High Court recently. 

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“Even if it be accepted that the appellant herein forced his organ into the vagina or urethra of the victim despite the victim wearing her underpants, it would still amount to penetration for the purpose of Section 375(b) of the Penal Code,” a division bench of the Meghalaya high court stated in a judgment. 

The division bench of the Meghalaya high court was headed by chief justice Sanjib Banerjee. 

Also read: Scientific coal mining in Meghalaya likely to start this year

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The Meghalaya high court gave this ruling while hearing a plea relating to a 2006 rape case. 

Earlier, a trial court had found the accused in the case was guilty of raping a minor girl and was sentenced to 10 years’ imprisonment. 

“When a person manipulates any part of the body of a woman so as to cause penetration into, inter alia, the vagina or urethra, the act would amount to rape. There is sufficient evidence of such penetration in the present case,” the order stated. 

 

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