Explore a unique legal case where the courts delved into the physical ability aspect of a rape case. This summary focuses on the courts’ in-depth analysis regarding the accused’s claim of physical impossibility due to having only one hand. Dive into the complexities of the legal reasoning involved in this intriguing case.
Facts
- The charges framed were not only under Section 376(1) but also under Section 376 which includes Section 376(2)
- The victim, a 6-year-old, was found to have been raped by the petitioner
- The petitioner was captured after absconding for 15 days
- Concurrent finding of fact that the petitioner, over 18 years old, was found to be potent
Also Read: Judicial Discretion in Contractual Interpretation
Analysis
- Both courts have addressed the argument that the accused has only one hand, making it physically impossible for him to commit rape.
- The courts found no impossibility in the accused’s claim.
- The State did not file an appeal, and the incident occurred 20 years ago.
- The special leave petition was dismissed without delving into Section 376(2) or considering a reduction in the minimum punishment of 10 years.
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Case Title: SEELAN @ JEYASEELAN Vs. THE INSPECTOR OF POLICE (2020 INSC 703)
Case Number: SLP(Crl) No.-004206 / 2020
