High Court of Himachal Pradesh

Gurmukh Singh and Ors. v. State of H.P. and Ors.

MANU/HP/0357/2016

23.05.2016

Criminal

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

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

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