OF THE
TIMES
"Achey Lal even if held guilty for causing the offence of Section 376 IPC cannot be held guilty for offence under Section 302 IPC as he neither had any intention nor knowledge that such a forceful act of sexual intercourse would cause the death of the deceased. Consequently he is acquitted for the offence punishable under Section 302 IPC.With this precedent the bench takes a step back from the Mathura rape case in which it was held that there is no requirement of explaining injuries for rape and that consent should be unequivocal, reported DNA India.
As regards the offence punishable under Section 376 IPC the deceased was aged around 65-70 years, thus beyond the age of menopause. We find force in the contention of the learned counsel for the appellant that even if the sexual intercourse was forceful it was not forcible and contrary to the wishes and consent of the deceased. From the MLC of Achey Lal and the post-mortem of the deceased it is evident that both Achey Lal and deceased had consumed alcohol. The forceful penetration is evident from the injuries on the vaginal orifices. However, besides the injuries on the vagina there is no other injury mark on the body of the deceased or on the appellant to show that there was any protest by the deceased. Hence we are of the opinion that it has not been proved beyond reasonable doubt that the appellant committed sexual intercourse with the deceased contrary to her wishes or her consent.
Consequently the appellant is also acquitted of the charges under Section 376 IPC. The impugned judgment of conviction and order on sentence are set aside."
Comment: Mayor Abarca and his wife are publicly accused of being the masterminds behind the violent incidents of September 26, leading to six deaths (so far). More than 13 mass graves have been found since then with 38 still unidentified bodies. The students of the Ayotzinapa Teacher Training College, which is labelled by politicians as a "hotbed" for guerrilla groups, have been harassed by both the local and federal government. The disappearance of the missing 43 has prompted a wave of criticism all over the world against Mexican president Enrique Peña Nieto.
For more on the missing students:
http://www.sott.net/article/287528-Mexico-New-graves-found-in-hunt-for-missing-students
http://www.sott.net/article/287849-More-unrest-Protesters-torch-city-hall-demand-justice-for-missing-Mexican-students