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HC: Ejaculation without penetration is not rape
Hindustan Times Delhi
|February 19, 2026
The Chhattisgarh high court has held that ejaculation without penetration does not attract the offence of rape but constitutes attempt to rape, as it converted a man’s conviction from rape under Section 376(1) to attempt to rape under Sections 376/511 of the Indian Penal Code (IPC).
Justice Narendra Kumar Vyas passed the order on February 16 in an appeal filed by a rape convict who challenged a 2005 trial court's order that convicted him of rape and wrongful confinement (Section 342, IPC) and sentenced him to seven-year imprisonment.
According to the prosecution, on May 21, 2004, the appellant allegedly forcibly dragged the victim to his house and committed sexual intercourse without her consent. The complainant said he locked her inside a room, tied her hands and legs, and stuffed cloth into her mouth.
This story is from the February 19, 2026 edition of Hindustan Times Delhi.
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