Vishal Dadlani reacts to Chhattisgarh HC's 'ejaculation isn't rape' ruling
What's the story
Bollywood singer-composer Vishal Dadlani has criticized the recent ruling by the Chhattisgarh High Court that downgraded a rape conviction to attempted rape. The court ruled that "ejaculation without penetration isn't rape," triggering outrage online. Reacting to the news, Dadlani took to Instagram Stories on Wednesday and wrote, "Seriously!?? What!!!??? @LiveLaw.in you need to start naming these judges, and posting their pictures online alongside such judgments." "Someone is clearly running a #RapistBachaaoAbhiyaan."
Controversial ruling
Court's ruling and online outrage
The ruling, delivered by Justice Narendra Kumar Vyas on Monday, February 16, stated that penetration is the "sine qua non" for rape. "Ejaculation without penetration constitutes an attempt to commit rape and not actual rape," the court said. The incident dates back to May 21, 2004, when the accused allegedly lured the victim to his house on a false pretext, confined her to a room, restrained her by tying her hands and legs, gagged her, and sexually assaulted her.
Conviction modification
How the court modified the conviction
While hearing the appeal, the High Court noted inconsistencies between the survivor's testimony and the medical evidence. During the trial, she initially alleged penetration but later stated that the accused had placed his genitals over her vagina for approximately 10 minutes without penetration. The court modified the conviction to attempt to rape under Sections 376/511 IPC. The accused was sentenced to three years and six months of rigorous imprisonment and fined ₹200.