Chhattisgarh HC: Ejaculation Without Penetration is Attempted Rape, Not Rape

• Chhattisgarh High Court modified a 20-year-old conviction, ruling that ejaculation without penetration constitutes an attempt to commit rape, not the full offense of rape.
• Justice Narendra Kumar Vyas delivered the ruling on February 16, hearing an appeal against a 2005 trial court judgment.
• The victim stated during cross-examination that the accused kept his private part above her vagina but did not penetrate it.
• The court emphasized that penetration is the sine qua non of rape, and even slight penetration is sufficient, but clear evidence is required.
• Medical evidence showed an intact hymen, and the court found inconsistencies in the victim's statements, leading to the modification of the conviction and reduction of sentence.