Vishal Dadlani erupts over Chhattisgarh HC rape verdict, says 'running Rapist Bachaao Abhiyaan'

Singer composer Vishal Dadlani has strongly criticised a recent order of the Chhattisgarh High Court that altered a rape conviction to attempt to rape in a 2004 sexual assault case.

On February 16, Justice Narendra Kumar Vyas held that penetration is the “sine qua non” for the offence of rape under Section 375 of the Indian Penal Code, as it stood before the 2013 amendment. “The sine qua non of the offence of rape is penetration, and not ejaculation,” the court observed. It further stated, “Ejaculation without penetration constitutes an attempt to commit rape and not actual rape.”

The ruling triggered sharp reactions online. Dadlani took to Instagram and wrote, "Seriously!?? What!!!??? @livelaw.in you need to start naming these judges, and posting their pictures online alongside such judgements." He further added, "Let their wives, daughters, sisters, mothers see what the "man of their house" thinks. Someone is clearly running a #RapistBachaaoAbhiyaan."

As per the prosecution, the incident occurred on May 21, 2004. The accused allegedly dragged the woman to his house, locked her inside a room, tied her hands and legs, gagged her, and sexually assaulted her. An FIR was registered. A sessions court in Dhamtari had earlier convicted him under Sections 376(1) and 342 IPC for rape and wrongful confinement.

While hearing the appeal, the High Court examined inconsistencies in the survivor’s testimony and medical evidence. During trial, she initially stated there was penetration but later said the accused kept his private part over her vagina for about ten minutes without penetration. Medical findings recorded redness and white discharge. Human sperm was detected on her undergarments, but her hymen was intact. The doctor did not give a conclusive opinion confirming rape.

After reviewing the material on record, the High Court held that though the act was violent and showed clear intent, penetration was not proved as required under the law at that time. The conviction was modified to attempt to rape under Sections 376 and 511 IPC. The accused was awarded three years and six months of rigorous imprisonment and fined Rs 200. The conviction for wrongful confinement remains. He has been directed to surrender before the trial court.