Rape case
makhan singh
(Querist) 13 June 2012
This query is : Resolved
if a medical report is in favour then what will be the judgement on behalf of statement of girl as she is blaming the offence of rape on victims
Adv.R.P.Chugh
(Expert) 13 June 2012
Your query is not understandable.
Kiran Kumar
(Expert) 13 June 2012
pls mention the clear facts of the case.
in rape cases, things are not decided merely on the basis of presumption of an accused.
Ramanathan G
(Expert) 14 June 2012
Sir,
I do not know whether it is Academic question or otherwise, I give answer what I know.
The general principle of evidence law, as I read in some cases is, ocular evidence is more satisfactory than medical evidence, the medical evidence can be neglected.
Whether the accused persons (wrongly written as Victims in the question) are able to explain all other evidence, which are put to them in the examination under Criminal Procedure Code, 1973, Section 313 – Examination of accused not on oath; by the Court, is the crucial point.
Rape is an offence, for which complete penetration is not necessary, but for a woman to be wife, complete penetration is necessary, please read a head note prepared by me for Legal Eagle MP software, copyright owned by M/s Capital Law Infotech: 2009 Legal Eagle MP page… = AIR 2010 MADHYA PRADESH 112, Vinay Kumar v. Smt. Jaya. F. A. No. 743 of 2005, D/- 31 -7 -2009. Family Law – Nullity of marriage – Impotence of wife – Evidence to prove – Complete penetration is not possible, because the vagina was not fully developed, thus not consummated – No Monthly periods – Not possible to get pregnant – Husband’s right to get the decree of nullity is upheld – Appeal by the husband allowed – Section 12 of Hindu Marriage Act, 1955.
Now the medial evidence the client of LCI speaks is about what the doctor or laboratory will find. Once complete penetration and ejaculation are not necessary, mere allegation of the girl, supported by other circumstances can result in conviction.
Some times, the Trial Court take a practical view for the society and convict each and every person coming to it (two points. ONE is Advocates of Hanging Judges can tell their client to pay bribe to escape similar convictions. ANOTHER view is, more acquittal means more illegal society, thus the Policemen beat the persons who enter the Police Stations in any status).
Thus, even when the Doctor say that, girl’s private part, back side and other organs have no injury, the Trial Court may punish the accused persons.
Wish you all the best.
On 14-6-12 at 1.19 midnight.
Ramanathan2108@gmail.com
R Trivedi
(Expert) 14 June 2012
Just remember as on date, the law is with woman !! Very recently one guy, who was in live in relationship with a girl for few years, got arrested on rape charges and denied bail, because he married some one else.
Obviously there could not have been any force during these few years. Primarily this is no rape, but he is behind the bar and got stuck for years. Substantial amount of weightage is given to female's statements and accusations, so beware !!
SAINATH DEVALLA
(Expert) 14 June 2012
Though a vague query by Makhan Singh,Mr.Ramanathan has clearly answered.Nothing more to add for this query.
Shonee Kapoor
(Expert) 15 June 2012
Vague query.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sudhir Kumar, Advocate
(Expert) 17 August 2012
Reply to vague query may cause loss to the querist rather than benefit.
While he is not allowing the experts to understand the grvity of situation, he is prone to apply the advise on the facts as available to him but not available to expert while giving advise.
Sudhir Kumar, Advocate
(Expert) 17 August 2012
Reply to vague query may cause loss to the querist rather than benefit.
While he is not allowing the experts to understand the grvity of situation, he is prone to apply the advise on the facts as available to him but not available to expert while giving advise.
