Judicial Dictionary - R

Judicial Dictionary


Legislative Dictionary


Rape

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CategoryR
TitleRape
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Rape apart from being a dehumanizing act is an unlawful intrusion on the right of privacy and sanctity of a women/girl. Rape not only is a crime against the person of a women/girl, it is a crime against entire society. It is a crime against basic Human Rights and is, also, violative of victim's must cherished Fundamental Right namely the Right to life engrafted in Article 32 of The Constitution of The People's Republic of Bangladesh. For the last few years, though, crime against women in general and rape in particular is on increase, it is very much distressing that for commission of rape innocent persons are, also, trapped and brought in with ulterior and malafide motive. This places a duty on Courts/Tribunals to locate real offenders of sexual assault absolving innocent persons arraigned of charge of rape. Courts/Tribunals are, therefore, to address with such cases with proper approach, circumspection and utmost care disengaging ring of truth from falsehood ensuring salvation of Criminal Justice. ... The word "Rape" literally means forcible seizure and that element is characteristic feature of the offence. Simplest definition of rape is having sexual intercourse with a woman/girl without her consent. Rape, therefore, can be said to be forceful ravishment of a woman or girl without her consent. Sexual instinct plays an important role in human life. It has relevance to the sentiments of the people on one hand and physiopsycological development of the persons on the other hand. Emotional implications in contrast with uncontrollable sexual last, pressures due to adolescence, opportunities created by chance circumstances, momentary passions and in certain cases revengeful attitude of people often lead men to indulge into offence of rape attracting the penal provisions of Penal Code and now Nari-O-Shishu Nirjatan Daman Ain. ... Rape had been defined in section 375 of The Penal Code. A stringent Legislation, Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Ain (Shortly the Ain of 1995) had been enacted in 1995. The paramount object of The Ain was to punish deterrently the offenders in respect of women and children in the facade of spurt of crime like rape, acid burn, dowry death etc. Section 6(1) of The Ain of 1995 prescribed punishment for commission of rape. The word rape = ধর্ষন had been marked out in section 2(ga) of The Ain of 1995 wherein definition of rape embodied in section 375 of The Penal Code had been made applicable. Then came another stringent legislation in 2000 namely, Nari-O-Shishu Nirjatan Daman Ain, 2000(Briefly The Ain of 2000). In the Ain of 2000 section 9(1) provides for punishment of commission of rape. In the said Ain offence of commission of rape has been engrossed in section 2(uma) and definition of rape incorporated in section 375 of The Penal Code has been, also, made applicable to The Ain of 2000.

(Safazuddin and another Vs. State, 2007, 36 CLC (HCD) [8407])

In the case of rape, according to Modi's Medical Jurisprudence the body, specially the face, breasts, chest, lower part of abdomen, limbs and back should have marks of violence such as scratches and bruises, as a result of struggle. Such marks are likely to be found on the bodies of grown up woman who are able to resist. 

(Shah Khan vs. State, 18 DLR (WP) 91)

The evidence of a prosecutrix in a rape case is customarily received by Courts with some suspicion. In certain jurisdiction, it is the rule that the solitary evidence of the prosecutrix being a woman of full-age is not accepted as sufficient, but requires corroboration by independent evidence, in order to be believed. 

(Mamtaz Ahmad Khan vs State 19 DLR (SC) 259)

Created OnMay 2, 2011, 5:41 AM
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