The man was found guilty of murder and rape, and when he applied, the Karnataka High Court ruled on May 30 that sex with a dead woman’s body did not constitute rape. prostitution.
Rape is a punishable offense under Section 376 of the Indian Penal Code, 1860.
The Truth of the Case (Rangaraju Vajapeyi v. Bang Karnataka)
The 21-year-old woman is returning home from a computer class on June 25, 2015. Defendant Rangaraju pinned the woman down and gagged her. He then dragged the 21-year-old into a nearby bush. The man then slits the woman’s throat and kills her. Section 302 of the Indian Penal Code punishes this offense.
After killing the woman, the man raped her.
The police registered the case. They received voluntary testimony from Rangaraju (defendant). The police then filed a complaint. The judge was familiar with the matter and appointed a session judge. The judge charged Rangaraju (defendant) with two counts, murder and rape, under Section 302 and Section 376 of the Indian Penal Code.
After carefully studying all the evidence presented, the prosecution firmly established that the accused committed the murder and then “rape” the victim. The session judge sentenced the convict to life in prison, with a fine of 100 HRK. 50,000 for murder. For rape on the victim’s body, the defendant was sentenced to an additional 10 years in prison with a fine of 100 HRK. Fine 25,000.
The convict therefore filed an appeal with the Karnataka High Court.
The court’s decision on this matter
However, a bench made up of Judges Venkatesh Naik and B. Veerappa suggested that the Center amend the Indian Penal Code to protect the dignity of the dead by allowing partial appeals by those who were convicted. convicted of murder and then raping the victim.
The Karnataka High Court upheld the first instance court’s life sentence for murder under Section 302 of the Indian Penal Code. However, the Karnataka High Court acquitted the convict under Section 376 of the Indian Penal Code, arguing that there is no provision in the Indian Penal Code that punishes a convicted person. for raping a corpse.
The Kerala High Court said: “The defendant admitted to having intercourse with the corpse. However, it has not been verified whether this is considered an offense under Section 375 (rape) and Section 377 (crime against nature).
However, the court later said that “a careful reading of the provisions of Sections 375 and 377 of the Indian Penal Code makes it clear that a corpse cannot be called human or human. Therefore, the provisions of Section 375 or 377 of the Indian Penal Code will not attract…”
The court also said the defendant did not commit any crime punishable under Article 376 (penalty for rape). He further clarified by saying that “sex on a corpse is nothing but necrosis.”
What does necrophilia mean?
In Rangaraju Vajpeya v. Karnataka State, the Karnataka High Court held that cadaverism was a grotesque desire or fascination with the dead, more specifically sexual desire for a corpse.
The DSM-IV classifies “paraphilia” as a psychosexual disorder that includes pedophilia, sexual masochism, ostentation, and gangrene. Contributing factors to this disorder can range from anger to experimentation to desire rather than habit or sexual need.
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Categories: Trends
Source: vcmp.edu.vn