Ramkripal S/o Shyamlal Charmakar vs. State of Madhya Pradesh
Ramkripal S/o Shyamlal Charmakar vs. State of Madhya Pradesh - Supreme Court Case Summary of Leading Case -
On 19th March, 2007, a two Judges Bench in Ramkripal S/o Shyamlal Charmakar vs. State of Madhya Pradesh [Criminal Appeal No. 370 of 2007] while examining the applicability of Section 354, which penalizes assault or use of criminal force on a woman to outrage her modesty held that "the essence of a woman's modesty is her sex."
"Culpable intention of the accused is the crux of the matter. The reaction of the woman is very relevant, but its absence is not always decisive. Modesty in this Section is an attribute associated with female human beings as a class. It is a virtue which attaches to a female owing to her sex. The act of pulling a woman, removing her saree, coupled with a request for sexual intercourse, is such as would be an outrage to the modesty of a woman; and knowledge, that modesty is likely to be outraged, is sufficient to constitute the offence without any deliberate intention having such outrage alone for its object", the Bench said. The Bench held that the "point of distinction between an offence of attempt to commit rape and to commit indecent assault is that there should be some action on the part of the accused which would show that he was just going to have sexual connection with her."
The Bench further said the "sine qua non of the offence of rape is penetration, and not ejaculation. Ejaculation without penetration constitutes an attempt to commit rape and not actual rape. Definition of "rape" as contained in Section 375 IPC refers to "sexual intercourse" and the Explanation appended to the Section provides that penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape. Intercourse means sexual connection."