Death due to gastric aspiration as a result of forceful intercourse with a woman beyond the age of menopause, not murder

Delhi High Court: While dealing with a question of rape and murder of women beyond the age of menopause, the Court acquitted the appellant on the basis of circumstantial evidence and post mortem report, which proved that the death was due to gastric aspiration as a result of forceful intercourse. With regard to Section 376 IPC, the Court stated that “the deceased was aged around 65-70 years, thus beyond the age of menopause” and even if the sexual intercourse was forceful it was not forcible and contrary to the wishes and consent of the deceased.  Explaining that the forceful penetration is only evident from the injuries on the vaginal orifices which were absent in the present case, the Court acquitted the accused from the charges of 376 IPC.

In the present case, a woman aged 65- 70 years was found dead at her home. The post mortem report indicated that the cause of death was asphyxia due to aspiration of gastric contents resulting from forceful intercourse, sufficient to cause death in the ordinary course of nature. On cross examination, it was found that that the appellant had visited the house of deceased in the presence of her husband on the date of incident with a bottle of liquor and they had consumed alcohol together. After consuming alcohol, deceased’s husband left the house, while the appellant and deceased were at home.

Acquitting the appellant from the charges of Section 302, the Court held that there was absence of intention and knowledge that such a forceful act of sexual intercourse would cause the death of the deceased. Achey Lal v. State of Govt. of NCT of Delhi, decided on 30-10-2014




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