Smt. Sudesh Jhaku v/s. K.C.J. & ors.
- Aleena Elizabeth
- November 29, 2020
Content :
Sudesh Jhaku vs. K.C.J. & Ors. [62 (1996) dlt 563 : 1998 crilj 2428] deals mainly with the application of Section 375 and Section 361 of IPC and Section 164 of the Criminal Procedure Code. The case discusses how only the penile penitration of vagina amounts to rape making all other penitration of the vagina, anus or the mouth of a person with any object or any part of the body less grievous to rape. In this case a child of mere six is sexually abused my her father at home and she is even taken to a hotel along with his colleagues to indulge in sexual activities. The possibility of considering this action of the legal/biological guardian to constitute the offence of kidnapping is deliberated. Rape is the the extreme violation of the self, yet the society\'s view on it is pitiable. Rape should be considered as a gender neutral crime rather than just as a crime against women. The court analyses the various precaution in recording a minor sexually abused victim’s statement without causing any mental trauma or stress and also compiling with the necessary mandates of S.164 of Cr.PC.
