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Delhi High Court judgement on rape and murder of 65-year-old sparks off debate

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prasad1

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Indian legal system needs a new definition of "RAPE".

Can forceful sex with a 65-year-old woman, who is beyond the age of menopause, punishable under law? Delhi High Court judges seem to think otherwise. A judgment made on Friday by the Delhi High court in the case of rape and murder of an old woman in December, 2010 has sparked a debate on whether sexual intercourse with a post-menopausal woman can be treated as rape.

The judgement, made by a bench comprising Justice Pradeep Nandrajog and Justice Mukta Gupta has let off the accused, 49-year-old Achey Lal, waiving off the punishment meted out to the accused on the grounds that even if the intercourse “has been forceful, it was not forcible”.

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Jugmati Sangwan of the All India Democratic Women’s Association said that the age of the woman should have, in fact, led to a bigger punishment. “Age does not matter in rape; 80-year-olds get raped, too. If the culprit is revengeful and bent on causing maximum harm, the age is a deterrent than. Should the age alone not be considered for any ground? This should lead to more punishment,” said Sangwan.
Delhi High Court judgement on rape and murder of 65-year-old sparks off debate | Latest News & Updates at Daily News & Analysis


I am sorry I should have asked the RSS as to what is the new saffronised definition of the word, or is a crime according to our scriptures?
 
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The learned judges have made a distinction between between forceful and forcible.

Both the man and women were drunk and the sexual intercourse was consensual irrespective of age.

judges could have avoided using the term menopause

it was forceful in the sense that contents of stomoch of the woman spilled over to liver and caused death . It was only an accident.

The man did not force himself on her and intercourse was not forcible against her will

so the charge of rape or murder was not applicable

unnecessarily womens groups are shouting
 
What has age and menoupasal status got to do with the legal definition of rape?

Rape A criminal offense defined in most states as forcible sexual relations with a person against that person's will.
Rape is the commission of unlawful sexual intercourse or unlawful sexual intrusion.



Dont these guys get it?? Anything against a person's will IS Rape!
 
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