Whether it is necessary to prove that accused caused death of Rape victim with mensrea for applicability of S 376A of IPC?

The above cited principles have been minutely observed by us,

taking into consideration the peculiar facts and circumstances of the case

in hand. At the outset, we would highlight that the High Court while

confirming death has observed that the girl was found bleeding due to

forcible sexual intercourse — which fact, however, is not supported by

medical evidence. However, such erroneous finding has no impact on

conviction under Section 376A of the I.P.C. for a bare perusal of the section

shows that only the factum of death of the victim during the offence of rape is required, and such death need not be with any guilty intention or be a

natural consequence of the act of rape only. It is worded broadly enough to

include death by any act committed by the accused if done

contemporaneously with the crime of rape. Any other interpretation would

defeat the object of ensuring safety of women and would perpetuate the

earlier loophole of the rapists claiming lack of intention to cause death to

seek a reduced charge under Section 304 of I.P.C. as noted in the Report

of the Committee on Amendments to Criminal Law, headed by Justice

J.S. Verma, former Chief Justice of India:

“22. While we believe that enhanced penalties in a substantial

number of sexual assault cases can be adjudged on the basis of

the law laid down in the aforesaid cases, certain situations

warrant a specific treatment. We believe that where the offence

of sexual assault, particularly ‘gang rapes’, is accompanied by

such brutality and violence that it leads to death or a Persistent

Vegetative State (or ‘PVS’ in medical terminology), punishment

must be severe – with the minimum punishment being life

imprisonment. While we appreciate the argument that where

such offences result in death, the case may also be tried under

Section 302 of the IPC as a ‘rarest of the rare’ case, we must

acknowledge that many such cases may actually fall within the

ambit of Section 304 (Part II) since the ‘intention to kill’ may

often not be established. In the case of violence resulting in

Persistent Vegetative State is concerned, we are reminded of

the moving story of Aruna Shanbagh, the young nurse who was

brutally raped and lived the rest of her life (i.e. almost 36 years)

in a Persistent Vegetative State.

23. In our opinion, such situations must be treated differently

because the concerted effort to rape and to inflict violence may

disclose an intention deserving an enhanced punishment. We

have therefore recommended that a specific provision, namely,

Section 376 (3) should be inserted in the Indian Penal Code to

deal with the offence of “rape followed by death or resulting in a

Persistent Vegetative State”.”

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1523-1524 OF 2019

Ravishankar @ Baba Vishwakarma Vs The State of Madhya Pradesh 

SURYA KANT, J.

Dated:DATED : 03.10.2019
Citation: (2019) 9 SCC 689.
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