SC: SARFAESI Act Was Not Applicable in Nagaland Before its 2021 Adoption, Dismisses Creditor’s Plea  ||  SC: Lis Pendens Applies To Money Suits on Mortgaged Property, Including Ex Parte Proceedings  ||  Kerala HC: Civil Courts Cannot Grant Injunctions in NCLT Matters and Such Orders Can Be Set Aside  ||  Bombay High Court: Technical Breaks to Temporary Employees Cannot Deny Maternity Leave Benefits  ||  NCLAT: Appellate Jurisdiction Limited to Orders Deciding Parties’ Rights, Not Procedural Directions  ||  NCLAT: Personal Guarantors Involved In NCLT Proceedings Can Appeal Against Insolvency Admission  ||  Supreme Court: Foreign Companies’ Head Office Expenses in India are Capped under Section 44C  ||  SC Directs Trial Courts to Systematically Catalogue Witnesses and Evidence in Criminal Judgments  ||  SC Calls For Sensitising Future Generations on Equality in Marriage to Combat Dowry Practices  ||  SC: Separate Suits Against Confirmed Auction Sales are Barred; Remedy Available under Sec 47    

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