vipin som 09 January 2021

Eyewitness for Rape?

Is any eyewitness required in the case of rape?

Quick Summary

In rape cases, an eyewitness is not strictly required. The prosecution can establish guilt through other forms of evidence. This includes circumstantial evidence, medical examinations of both the victim and the accused, and other corroborating proofs. A medical report, as stipulated under Section 164(A), can be sufficient on its own to prove the occurrence of the act.

4 Replies

Advocate Bhartesh goyal (advocate) 09 January 2021

No, circumstantial evidence,medical examination of victim and accused an other evidences are essential to prove offence.

1 Like

vipin som 09 January 2021

thanks sir

Mohammed Akbar 11 January 2021

Thanks sir

Kevin Moses Paul 19 January 2021

Section 164(A) stipulates for Medical Examination of a victim of Rape, such a Medical Report is sufficient in itself to be prove the happening of the act.

So therefore, there is no need for an eyewitness in matters of Rape.

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