Can there be a case of Rape by transgender or eunuch or hijra?
N.K.Assumi (Advocate) 03 March 2009
Can there be a case of Rape by transgender or eunuch or hijra?
PALNITKAR V.V. (Lawyer) 03 March 2009
Normally the answer should be no. But I think it would depend upon the physical condition of the eunuch in a given case.
N.K.Assumi (Advocate) 03 March 2009
Now IPC says penetration, and a rape was committed but without penetration but ejucalation, can it be rape?
PALNITKAR V.V. (Lawyer) 04 March 2009
Mere ejaculation may occur without penetration due to anxiety or so many other causes. So that itself does not amout to rape.
RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 09 March 2009
I do agree with my all ld. friends.
ritu bhadana (advocate) 11 March 2009
well according to the definition of rape under IPC only a MAN can be held liable for commiting rape of WOMAN so here the point is whether a eunuch or a transgender is considered as a man which is open for interpretation.but they can surely be held liable under section 377 if the requirements of that section is satisfied.
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