Ejaculation without penetration constitutes an attempt to commit rape and not actual rape, the Chhattisgarh high court observed in a significant judgment on February 16.

The rape survivor, in one part of her evidence, stated that there was penetration, but in the subsequent line, said that the convict had kept his private part above her vagina for about 10 minutes. This discrepancy, coupled with medical findings of an intact hymen, showed that only an attempt with intent to commit rape had been proved, the court noted.

“The survivor was extensively cross-examined, wherein she stated that when the accused caught hold of her hand and removed his pant, he penetrated his private part into her vagina. She further stated that the appellant had kept his private part above her vagina for about 10 minutes and affirmed that he had kept his private part above hers but had not penetrated. She also stated that she could not open her mouth as the appellant had tightened both her hands. She admitted that she remained in the closed room for eight hours and that when her mother entered the room, she untied her hands and mouth,” the court recorded.