The accused ravished a girl of 13 years in furtherance of the act of rape placed his hand upon her mouth thereby causing death by suffocation. The sole defence was a plea of drunkenness.

Question

Quizplus · Accepted Answer

The accused is not entitled to the benefit of Section 85 of the Indian Penal Code, as this section does not provide a defense for crimes committed under the influence of intoxication unless it can be shown that the intoxication was administered to the person without their knowledge or against their will and it caused an inability to understand the nature of the act or that it was wrong or contrary to law. In the scenario described, the act of rape followed by causing death does not suggest any such involuntary intoxication, and voluntary drunkenness is not a defense against criminal charges, especially in serious crimes such as rape and murder.

The Accused Ravished a Girl of 13 Years in Furtherance