Ishwar vs State on 16 January, 2012
45. In interpreting the above explanation whether
complete penetration is necessary to constitute an
offence of rape, various High Courts have taken a
Crl.A.585/2009 Page 17 of 22
consistant view that even the slightest penetration is
sufficient to make out an offence of rape and the depth
of penetration is immaterial. Reference may be made
to Natha v. Emperor, 26 Cr. L.J.
[1925] page 1185; Abdul Majid v. Emperor, AIR
1927 Lahore 735 (2); Mussammat Jantan v. The
Crown, (1934) Punjab Law Reporter (Vol.36) page
35; Ghanashyam Mishra v. State,(1957) Cr.L.J. 469 =
AIR 1957 Orissa 78; D. Bernard v. State(1947)
CR.L.J. 1098. In re Anthony, AIR 1960 Mad. 308 it
has been held that while there must be penetration in
the technical sense, the slightest penetration would be
sufficient and a complete act of sexual intercourse is
not at all necessary. In Gour's "The Penal Law of
India" 6th Edn. 1955 (Vol. II) Page 1678, it is
observed, "Even vulval penetration has 946 been held
to be sufficient for a conviction of rape."