Supreme Court Rules 'Touch' Constitutes Rape, Modifies Incest Sentence
Summary
The Supreme Court has ruled that even touch without full penetration can constitute rape in a case from Mahottari, while also reducing the incest sentence after determining the victim was a stepsister. It cut Sanjay Mukhiya Bin’s total prison term from 20 years to 11 years and upheld the 50,000-rupee compensation.
Key Points
- The Supreme Court said rape can be established even without full penetration if there is touching and supporting evidence.
- In the Mahottari case, the court relied on the victim’s initial statement and medical findings despite later changes in testimony.
- The court reduced the incest conviction because the victim was a stepsister, not a full sister, under the Muluki Criminal Code.
- Sanjay Mukhiya Bin was sentenced to 11 years in prison and ordered to pay 50,000 rupees in compensation.
