Singer-composer Vishal Dadlani recently reacted strongly to a judgment by the Chhattisgarh High Court in a rape case. The court allegedly modified a rape conviction to attempt to rape in a 2004 sexual assault case. The High Court observed that ejaculation without penetration does not meet the legal definition of rape under Section 375 of the Indian Penal Code (IPC), as it stood before the 2013 amendment.
About the case
The prosecution claimed that the incident occurred on May 21, 2004, when the accused allegedly dragged the victim to his house, locked her in a room, tied her hands and legs, gagged her, and sexually assaulted her. Following the incident, an FIR was registered, and the Additional Sessions Judge in Dhamtari had convicted the accused under Sections 376(1) and 342 IPC for rape and wrongful confinement.
However, when hearing the appeal, the High Court interrogated the inconsistencies in the victim’s testimony and medical findings. During the trial, the victim initially claimed penetration but later said that the accused had kept his private part over her vagina for about 10 minutes without penetration. After assesing the medical reports, the examining doctor could not confirm rape.
After analysing the evidence, the Chhattisgarh High Court concluded that the assault was violent and demonstrated clear intent; however, penetration was not conclusively established under the law as it existed before the 2013 amendment. Delivering the verdict on February 16, Justice Narendra Kumar Vyas stated that penetration is the “sine qua non” for the offence of rape. “The sine qua non of the offence of rape is penetration, and not ejaculation,” the court stated. “Ejaculation without penetration constitutes an attempt to commit rape and not actual rape,” the court observed.
Vishal Dadlani reacts
The judgment triggered criticism from Vishal Dadlani, who took to Instagram to voice his frustration. Resharing a post about the verdict, he wrote, “Seriously!?? What!!!??? you need to start naming these judges, and posting their pictures online alongside such judgments.”
He added, “Let their wives, daughters, sisters, mothers see what the ‘man of their house’ thinks. Someone is clearly running a RapistBachaaoAbhiyaan.”
His reaction quickly gained traction on the internet, sparking debate over the court’s interpretation of the law and the conversation around sexual assault jurisprudence in India.
