"Rape is a crime more serious than murder as it destroys the very soul of the
helpless female...", former Chief Justice A.S.Anand observed.The offence of rape constitutes violation of not only basic human rights but also of the Fundamental Right under Article 21 of the Constitution. Under
Section 375, I.P.C. it involves sexual intercourse by a male above 12 years of age and is either against the will or without the free consent of the victim.
The Supreme Court of India in Ramkripal case, 2007 observed that "Intercourse means sexual
connection.For the offence of rape , mere connection of male''s private part with that of woman is sufficient..."There is no need of complete penetration.In State of U.P. v. Pappu , the Court held that even if it is hypothetically accepted that the victim had lost her virginity earlier ,it did not and cannot in law give licence to any person to rape her.
There is no rule of law that testimony of a
prosecutrix cannot be acted upon without corroboration in material particulars. She standa at a higher pedestial than an injured victim... was the principal laid down in Aman Kumar v. State of Haryana(2004).The latest development is in the form of Section 114, Indian Evidence Act which shifts the burden of proving consent to accused on the presumption of absence of consent by prosecutrix.