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    <title>2004 (5) TMI 620 - Supreme Court</title>
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    <description>A settled penal definition of rape under Section 375 IPC was held not open to judicial enlargement to cover forms of penetration beyond penile-vaginal penetration, because a clear criminal statute cannot be expanded by interpretation and such change may raise uncertainty and retrospectivity concerns. Procedural safeguards, however, may be adapted to protect victims and child witnesses: in-camera protection, shielding the witness from the accused, routing sensitive cross-examination through the presiding officer, and permitting breaks during testimony were recognised as appropriate measures. The petition was therefore accepted only for procedural directions, while the request to broaden the offence definition was rejected.</description>
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    <pubDate>Wed, 26 May 2004 00:00:00 +0530</pubDate>
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      <title>2004 (5) TMI 620 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=303583</link>
      <description>A settled penal definition of rape under Section 375 IPC was held not open to judicial enlargement to cover forms of penetration beyond penile-vaginal penetration, because a clear criminal statute cannot be expanded by interpretation and such change may raise uncertainty and retrospectivity concerns. Procedural safeguards, however, may be adapted to protect victims and child witnesses: in-camera protection, shielding the witness from the accused, routing sensitive cross-examination through the presiding officer, and permitting breaks during testimony were recognised as appropriate measures. The petition was therefore accepted only for procedural directions, while the request to broaden the offence definition was rejected.</description>
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      <pubDate>Wed, 26 May 2004 00:00:00 +0530</pubDate>
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