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A Girl Raped A Girl? Yes, And She Was Arrested Too Under Section 377

Published on 6 February, 2019 at 6:18 pm By

It may sound bizarre but a 19-year-old girl has been arrested by the Delhi police for raping a 25-year-old woman from northeast India with a sex toy. This is probably the first case of its kind in India in which a woman was arrested after the Supreme Court decriminalised section 377 last September.


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The case dates back to September 2018 when the northeastern girl accused four people of raping her. Among these four, there was also one girl. All the three accused were arrested but the fourth girl could not be arrested as the police refused to file a case against the said accused under Section 377 saying that a woman could not commit rape according to the IPC section.

 

 



According to the police, all the accused made a video of the entire incident and blackmailed the victim.

The northeastern girl had come to Delhi to find work and was taken to an apartment in Delhi’s Dilshad Garden colony where she was gang-raped.

The accused girl has now been sent to judicial custody in Tihar.

 


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If you remember, a five-judge Constitution Bench of the Supreme Court decriminalised homosexuality by partially striking down the colonial era provisions of Section 377 of the Indian Penal Code (IPC). Announcing the judgement, the then Chief Justice Dipak Misra, said LGBT Community has same rights as of any ordinary citizen and criminalising gay sex is irrational and indefensible.

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