It has been ruled by the Meghalaya High Court that rubbing male organ on the vagina or the urethra of a woman over her underpants will amount to penetration under Section 375 (b) of the IPC, hence, will amount to rape.
“Penetration for the purpose of the Section 375 of the Penal Code does not have to be complete. Any element of penetration would suffice for the purpose of the relevant provision. Further, Section 375(b) of the Penal Code recognises that insertion, to any extent, of any object into the vagina or urethra would amount to rape. Even if it be accepted that the appellant herein forced his organ into the vagina or urethra of the victim despite the victim wearing her underpants, it would still amount to penetration…”, said the order, as quoted by Live Law.
