Recently, the Chhattisgarh High Court reduced the seven-year sentence awarded by a trial court to a man in a 2004 rape case and convicted him for attempted rape instead, stating that the act of the convict preceded the actual partial penetration but without ejaculation. Music composer Vishal Dadlani reacted strongly to the verdict.
Vishal Dadlani reacts to Chattisgarh HC’s rape case verdict
On Wednesday, Vishal took to Instagram and shared a tweet by Live Law, which states, “Keeping Penis Above Vagina, Ejaculating Without Penetration Isn’t #Rape’: #Chhattisgarh High Court Alters Rape Conviction.”
Reacting to the tweet, Vishal wrote, “Seriously!?? What!!!??? @livelaw.in you need to start naming these judges, and posting their pictures online alongside such judgements. Let their wives, daughters, sisters, mothers see what the “man of their house” thinks. Someone is clearly running a #RapistBachaaoAbhiyaan.” Many fans agreed with the composer’s criticism of the judgement after screengrabs of the Instagram Story were shared on other platforms.
About the case
The Chhattisgarh High Court ruling came in a case from 2004, in which the prosecution alleged that Vasudeo Gond brought the survivor, who belongs to Dhamtari district, to his residence on May 21, 2004, by misleading her. It was claimed that she was confined to a room where her hands and legs were tied, and she was sexually assaulted. A complaint was subsequently lodged at the Arjuni police station.
During the trial, the survivor’s testimony saw variations. While she initially stated that sexual intercourse had taken place, she later clarified that there was no penetration and that the accused had kept his private parts on her vaginal area for nearly ten minutes. The medical examination noted redness and white discharge, and traces of human sperm were found on her clothing. However, the hymen was intact, and the medical officer did not give a definitive opinion confirming rape.
On April 6, 2005, the Additional Sessions Court in Dhamtari found Gond guilty under Section 376 of the Indian Penal Code and sentenced him to seven years of rigorous imprisonment.
The conviction was later reviewed by the Chhattisgarh High Court, which, on February 16, altered the charge to attempt to rape under Sections 376 read with 511 of the IPC. The court reduced the sentence to three years and six months of rigorous imprisonment and imposed a fine of ₹200.
The ruling has received widepread criticism with many arguing that what the convict did here was no worse than rape, and others slamming the court for diluting the definition of rape.
