Supreme Court has recently ruled that bodily injuries on victim are not necessary to prove the offence of Rape.
In Krishan v. State of Haryana (Crl Appl No. 1342/2012) a two Judge Bench of Supreme Court comprising of Justice Dipak Misra and Justice N.V. Ramana observed that the charge of rape will sustain even if there is no injuries on the body of the victim.
Bench was dealing with an appeal aroused out of Judgment of the High Court of Punjab and Haryana upholding the conviction of the appellant for the offences punishable under Sections 376 and 506, IPC. Case was that the appellant gagged the mouth of a girl and forcibly took her to the fields and committed rape on her.
Doctor who conducted medical examination of the victim deposed that there was possible sexual intercourse, but no external injury mark anywhere on the body of the victim.
Trial Court came to the conclusion that the accused had committed the offence and accordingly he was convicted and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5,000/-. Single Judge of the High Court has fully concurred with the order of the Trial Court convicting the appellant.
Counsel for the appellant submitted before the Supreme Court that when such a forcible assault is committed on a girl, one would expect some sort of injury on any part of her body, but the prosecution story is totally concocted as it is unbelievable that in spite of all the alleged forcible rape, the victim did not sustain any injury and it is evident from her Medical Report that there was no external mark of injury anywhere on her body. He further contented to rule out rape by the accused, that the victim is habitual of sexual intercourse and there were no signs of recent forcible sexual intercourse or injuries on her body.
"It is not expected that every rape victim should have injuries on her body to prove her case. The findings of the medical experts clearly established that there was a rape committed against the victim. One cannot expect every rape victim to straightaway go to police station and lodge complaint". Court observed.
Read scholarly article of Justice U. L. Bhatt "Prosecutrix in a Rape Case – Evaluation of Evidence"
Part I here & Part II here.
Read Story on Supreme Court Judgment regarding the recording of statement of Rape Victim by Magistrate here.
Read Story on Supreme Court Guidelines for Forensic Medical Care of Rape Victims here.
Read the Judgment
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