Offence of rape – What constitutes offence of rape

Offence of rape – What constitutes an offence of rape

Penetration is sufficient to constitute the sexual intercourse necessary for the offence of rape.

The sine qua non of the offence of rape is penetration and not ejaculation.

Case reference : [Abhyanand Mishra vs. State of Bihar (1961) 2 Cr. LJ 822, AIR 1961 SC 1698]