C), 2004 (19 )AIC1 (S.C. ), AIR2004 SC 3566 , 2004 (2 )ALD(Cri)504 , 2004 (49 ) ACC 680 , 2004 (2 )BLJ(SC )648 , 2004 (2 )BLJR1378 , III (2004 )CCR21 (SC ), 98 (2004 )CLT491 (SC ), 2004 CriLJ2881 , 112 (2004 )DLT457 (SC ), 2004 (77 )DRJ390 , 2004 INSC 383 , 2004 (II )OLR239 , 2004 (3 )RCR(Criminal)702 , RLW2004 (3 )SC 402 , 2004 (6 )SCALE15 , (2004 )5 SCC518 , [2004 ]Supp(2 )SCR723 , 2004 (2 )U.D.113 , 2005 (1 )UJ37 , ,MANU/SC/0523/2004
S. Rajendra Babu#G.P. Mathur#2159SC2160Judgment/OrderACR#AIC#AIR#ALD(Cri)#Allahabad Criminal Cases#BLJ#BLJR#CCR#CLT#CriLJ#DLT#DRJ#INSC#MANU#OLR#RCR (Criminal)#RLW#SCALE#SCC#SCR(Supp)#UD#UJG.P. Mathur,G.P. Mathur,SUPREME COURT OF INDIA2012-9-24Girl under sixteen : sexual intercourse with or without her consent,Punishment for rape,Offences Affecting the Human Body,Rule of Constructions,Title and extent of operation of the Code,Introduction,Rule of Constructions,Title and extent of operation of the Code,Introduction,Offence be created by judicial interpretation,Rule of Constructions,Title and extent of operation of the Code,Introduction,Language Of The Statute Should Be Read As It Is,Guiding Rules,General principles,Strict Construction of Penal statutes,Remedial and Penal Statutes,Regard to international agreements or conventions and international law,Other relevant considerations relating to operation,Operation of Statutes,Interpretation of Statutes,Indian Penal Code16939,16208,16209,16214,16181,16918,16910,16911,16205,16210,16211,16212,16213,16371,16913,16916,16909,16914,27049,16593,43368,22703,16377,16917,16717,16773 -->
MANU/SC/0523/2004
IN THE SUPREME COURT OF INDIA
Writ Petition (Criminal) No. 33 of 1997 with SLP (Crl.) Nos. 1672-1673/2000
Decided On: 26.05.2004
Appellants: Sakshi and Ors. Vs. Respondent: Union of India (UOI) and Ors.
Hon'ble Judges/Coram:
S. Rajendra Babu, C.J. and G.P. Mathur JUDGMENT
G.P. Mathur, J.
1. This writ petition under Article 32 of the Constitution has been filed by way of public interest litigation, by Sakshi, which is an organisation to provide legal, medical, residential, psychological or any other help, assistance or charitable support for women, in particular those who are victims of any kind of sexual abuse and/or harassment, violence or any kind of atrocity or violation and is a violence intervention center. The respondents arrayed in the writ petition are (1) Union of India; (2) Ministry of Law and Justice; and (3) Commissioner of Police, New Delhi. The main reliefs claimed in the writ petition are as under :
A) Issue a writ in the nature of a declaration or any other appropriate writ or direction declaring inter alia that "sexual intercourse" as contained in Section 375 of the Indian Penal Code shall include all forms of penetration such as penile/vaginal penetration, penile/oral penetration, penile/anal penetration, finger/vaginal and finger/anal penetration and object/vaginal penetration;
B) Consequently, issue a writ, order or direction in the nature of a direction to the respondents and its servants and agents to register all such cases found to be truly on investigation, offences falling within the broadened interpretation of "sexual intercourse" set out in prayer (A) aforesaid as offences under Section 375