Kerala High Court: Imposition of Unaffordable Cost is Akin to Denial of Relief  ||  SC: People Can’t be Asked to Prove Citizenship on Mere Suspicion Without Sharing Material  ||  Bombay High Court: State Government’s Decision to Hike Lease Rentals Not Arbitrary  ||  Bom. HC: State Obligated to Protect Liberty of Foreigners Coming to the Country  ||  Ker. HC: State Govt. to Form SOP for Collection of DNA Samples of Children Surrendered For Adoption  ||  SC: Court Can’t Take Cogni. of Offence Committed by Public Servant Without Following S. 19 of PC Act  ||  Karnataka HC: Illegal to Impose Condition of Furnishing Bank Guarantee While Granting Bail  ||  Allahabad High Court Makes History by Delivering Judgement in Three Languages  ||  Supreme Court: Directions Issued to States/UTs for Prevention of Overcrowding of Prisons  ||  SC: Caution Must be Exercised by Trial Court in Accepting Dock Identification of Accused Without TIP    

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 2024 - All Rights Reserved