Court concluded that such acts cannot be considered sexual offenses or unnatural offenses under Sections 375 and 377 of the IPC
The Karnataka High Court has ruled that sexual assault on the body of a deceased woman does not constitute the offense of rape under Section 376 of the Indian Penal Code. Consequently, the court acquitted a man of rape charges after he committed a sexual assault on the body of a 21-year-old girl following her murder.
A division bench consisting of Justice B Veerappa and Justice Venkatesh Naik T partially allowed the appeal filed by the convict Rangaraju @ Vajapeyi, setting aside his conviction under Section 376. However, the court upheld his conviction for murder and confirmed the life imprisonment sentence imposed by the trial court.
The bench clarified that according to a careful interpretation of Sections 375 and 377 of the Indian Penal Code, a dead body cannot be considered a human or a person. Therefore, these provisions do not apply to acts committed on a dead body.
The court further stated that in this case, the accused first murdered the victim and then engaged in sexual intercourse with the dead body. It concluded that such acts cannot be considered sexual offenses or unnatural offenses under Sections 375 and 377 of the Indian Penal Code. Instead, they can be categorized as sadism and necrophilia, but they do not meet the requirements to be punished under Section 376.
While the court recommended that the government consider amending or enacting a law to punish such acts, it highlighted the absence of specific legislation in India to uphold the dignity and protect the rights of the deceased body.
Regarding the murder conviction, the court examined the evidence and witness testimonies presented by the prosecution and concluded that the accused was guilty beyond a reasonable doubt. The circumstances surrounding the case were found to support only the hypothesis of the accused's guilt, leaving no reasonable grounds to conclude his innocence.
In summary, the court acquitted the accused of rape charges due to the specific circumstances of the case involving a deceased body. However, it upheld the conviction for murder and recommended legal amendments to address offenses against the dead bodies of women. (Credit: bwlegalworld.businessworld.in)
