This the first of its kind case in India in which a crime against an animal is being treated on par with a crime against humans, the prosecution is going to tenuous lengths to prove the rape of a dog.A 26-year-old taxi driver from Mumbai, charged with having sexual intercourse with a dog, told a sessions court that he should be given bail because the police was not in a position to record the victim’s statement.
Mahesh Kamat was arrested from Tardeo on August 30 and booked under section 377 of the Indian Penal Code (IPC). It deals with offences relating to ‘‘unnatural sex’’; cops also slapped him with the Prevention of Cruelty to Animals (PCA) Act. However, Kamat — in custody since his arrest — pleaded that the PCA was not applicable to him as the dog he was charged of having intercourse with was a ‘‘stray’’ and not a ‘‘pet dog’’. He also said that he had been falsely implicated in the case.
The court though turned down the plea saying there was enough evidence against him. Moreover, it said that Kamat’s alleged offence had disturbed the residents of the area and the act amounted to cruelty to an animal.
Path-breaking steps are being taken like semen samples, injury marks and dog’s hair in the nails of the suspect, used in patently non-consensual sex. This case is being seen to bring in a historic change when Section 377 of the Indian penal code would be used to punish people for unnatural sex. However the case of stray dog in Tardeo, which was allegedly raped by a taxi driver, shows how the authorities are still unclear how to handle such incidents. On the first night, the police were not sure if they should lodge the case and find a section to charge the accused.