The Kerala High Court has held that any manipulation of the body of a woman such as penetrative sexual act between the thighs of a victim to simulate a sensation akin to penetration of an orifice is rape.
The decision came in an appeal filed by a man against a trial court verdict in a matter that involved unfortunate instances of repeated sexual assault of various degrees on a minor girl by him, who is also her neighbour.
"...When the body of the victim is manipulated to hold the legs together for the purpose of simulating a sensation akin to penetration of an orifice; the offence of rape is attracted. When penetration is thus made in between the thighs so held together, it would certainly amount to "rape" as defined under Section 375," ruled a bench of Justices K Vinod Chandran and Ziyad Rahman on Monday.
The court said when penetration is thus made in between the thighs so held together, it would certainly amount to "rape" as defined under Section 375. "In short, considering the intention of the legislature as revealed from the above proposals, followed by the enactment of Criminal Law Amendment Act, 2013 and gradual evolution of the concept of the offence of "rape" from time to time, the irresistible conclusion is that, the definition of rape as contained in section 375 would take in, all forms of penetrative sexual assault onto vagina, urethra, anus or any other parts of the body so manipulated to get the feeling or sensation of an orifice," the court said.