Acquittal in Rape Case: Ravi Drall Advocate, Criminal Lawyer in Delhi
Acquittal in Rape Case in Dwarka Court
Accused involved in two rape cases, acquitted due to non identification.
Section 376 of the Indian Penal Code, 1860, provides for the statutory punishment for the offence of rape. Sub-section 1 of the present Section provides that whoever commits the offence of rape shall be punished with rigorous imprisonment, which shall not be less than ten years and may extend to life imprisonment, and would be liable for a fine as well.
Further, subsection 2 frames out the punishment for rape for specific individuals who commit rape in certain circumstances with a woman. It provides:
- A person being a police officer will be punished for the offence of rape if he commits forceful sexual intercourse on a woman who is either in his custody or his subordinate’s custody, within the limits of the police station in which he is appointed or in any police station house premises.
- Sub-section 2(b) provides punishment for a public servant who commits rape on a woman who is in his custody or is in the custody of his subordinate custody.
- The member of the armed forces will be open to punishment if he commits rape in an area where he is deployed through the authorisation of either the Central Government or any state government. For the operation of this subsection armed forces are defined under explanation (a) which states that armed forces would mean naval, military and air forces and any other forces which are constituted under any law for the time being. Also, it would include paramilitary forces or any other forces under the control of the central government or any state government.
- Commission of rape on any inmate by a member of staff or management of custody places established under any law for the time being in force, such as jail, remand home, or women’s or children’s institution.
- Commission of rape on a woman in a hospital by a member of the hospital’s staff or management.
- Commission of rape on a woman by a guardian, relative, teacher, or any other person who is in a position of trust and authority towards her.
- Commission of rape on a woman during communal or sectarian violence.
- Commission of rape of a pregnant woman.
- Commission of rape of a woman who is incapable to communicate her consent.
- Commission of rape on a woman by exerting control or dominance over her.
- Commission of rape on a woman who is suffering from mental or physical disability.
- Commission of rape of a woman while causing grievous bodily harm or maiming or disfiguring or endangering her life.
- Commission of rape repeatedly on the same woman.
For all the above-stated instances provided under sub-section 2 of Section 376 of the Indian Penal Code, the punishment for the offender shall be imprisonment, which shall not be less than ten years. It may extend to life imprisonment with a fine.
Section 376 also includes a provision for punishment for rape on a woman under the age of sixteen. In this case, the statutory punishment would be rigorous imprisonment, which shall not be less than twenty years and may also extend to life imprisonment; he shall also be liable to pay a fine to the victim.
Advocate Ravi Drall has represented clients in cases related to Anticipatory, regular Bails, Acquittal, Revisions, Appeals, Writs, PIL’s in cases of MCOCA, Cheating, Fraud, Murder, Attempt to murder, Extortion, Dacoity, Sexual Offences, Suicide, Narcotic and Drugs, Revenue and Customs Criminal Cases, Economic Offences, Arms and Weapons, Matrimonial, Domestic Violence, Constitutional Law, Negligence, and have availed favourable decisions from the courts. It is always advisable to seek for the best professional legal advise in case of criminal law as it involves intricate complexities and a small fact lead to an acquittal.