New Delhi: After the Supreme Court decriminalised same sex relations in September last year, Delhi police has arrested a woman on charges of ‘raping’ another woman under Section 377 of the Indian Penal Code. The woman alleged that the 19-year-old accused Shivani, forcefully committed anal sex upon her by tying an artificial male genitalia to her waist.
The accused was produced before the Karkardooma Court where she was sent to one-day judicial custody. She was booked under CrPc Section 164, IPC Section 377 and relevant sections of Prevention of Immoral Trafficking Act.
If reports are to be believed, the victim, who belongs to Northeast India landed herself in trouble in March ’18 when she quit her job to start her own business. She underwent preliminary training in Punjab’s Rajpura and was asked to pay Rs 1.5 lakh as investment money, which was managed by her father through a loan shark (a person who offers loans at extremely high interest rates).
The woman was advised to approach people in railway stations, airports or bus stops and explain them about her business proposal. During this process she met Rohit, another accused, who lied to her that he worked for HCL and was ready to invest in her business.
The man took the victim to an apartment in Dilshad colony where he and another accused Rahul raped her and shot videos to blackmail her.
Things turned uglier, when she was sent to serve clients. The woman alleged that the accused woman often tried to get close to her and whenever she resisted she used to beat her.
“I want to see her punished along with the other two,” the survivor told News 18. The chargesheet was filed in the case in December 2018. At present, the case is in the stage of examination of evidences.
Last year in September, Supreme Court decriminalised homosexuality by declaring Section 377, the penal provision which criminalised gay sex, as “manifestly arbitrary”. Taking up the cause of the LGBT community, the bench comprising Chief Justice Dipak Misra, and Justices RF Nariman, DY Chandrachud, AM Khanwilkar and Indu Malhotra said while they had four different judgements, they were unanimous in the decision.
Speaking for himself and Justice Khanwilkar, the then CJI Misra said, “The Court must try to protect the dignity of every individual of the society including people from the LGBT community. The sexual orientation is natural and people have no control on it.” He said denial of self-expression was akin to inviting death.