Madras HC: Freedom of Religion Cannot Extend to Disturbing Peace Within Temple Premises  ||  Delhi HC: Lokpal Cannot Form a Prima Facie View on Corruption Without Hearing The Official  ||  MP High Court: DRT Cannot Restrict or Impose Conditions on a Person's Foreign Travel  ||  Bombay HC: Results of Dec 2 And 20 Local Body Election Must be Declared Together  ||  Delhi HC: Employment Disputes Cannot be Treated as Commercial Cases under the Act  ||  Supreme Court: Divorced Muslim Woman Can Reclaim Gifts Given to Husband at Marriage  ||  Supreme Court: Police and Courts Should Act as Initial Filters to Prevent Baseless Prosecutions  ||  SC: Maharashtra Can Acquire Land under Slum Areas Act, Respecting Owner's Preferential Rights  ||  Supreme Court: Excise Exemption on Cotton Fabrics is Denied if Any Related Process Uses Power  ||  NCLAT: IBC Auctions are Not Ordinary Contracts, and Market Volatility Does not Excuse Bid Defaults    

Gurmukh Singh and Ors. v. State of H.P. and Ors. - (High Court of Himachal Pradesh) (23 May 2016)

Absence of injury cannot cast doubt on rape victim’s claim

MANU/HP/0357/2016

Criminal

In criminal proceedings against a charge of rape, absence of injury on the body of the accused or the prosecutrix does not render her version of events doubtful.

The prosecution’s case stated that the accused sexually assaulted the prosecutrix when she had gone into a forest to relieve her herself.

Witnesses, close relatives of the prosecutrix, claimed that the accused had been smitten with her for a number of years. The court rejected defence arguments that both persons were known to each other and were intimate. Rather, it interjected, “mere intimacy would not mean willingness to perform an act of crime”. It also allayed concerns over delay in filing of FIR, observing “in rural areas, generally people are reluctant to report the matter till the arrival of head of the family”.

Relevant : Radhakrishna Nagesh v. State of Andhra Pradesh MANU/SC/1106/2012 Rajinder @ Raju v. State of H.P. MANU/SC/1122/2009

Tags : RAPE   INJURY   MEDICAL EXAMINATION   VERACITY   TESTIMONY  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved