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Guest (Guest)     11 July 2009

Rape possible even in the absence of injuries: SC

 An accused can be convicted for rape even if there are no injuries on the private parts of the victim as the same does not amount to consensual s*x, the Supreme Court has ruled.

"Corroborative evidence is not an imperative component of judicial credence in every case of rape nor the absence of injuries on the private parts of the victim can be construed as evidence of consent," a bench of Justices V S Sirpurkar and R M Lodha said.

The bench passed the ruling while rejecting the argument of convict Rajender alias Raju who claimed that absence of any injuries on the victims' private parts indicated that she consented to the s*x and that the charge of rape was not corroborated by any other evidence except the testimony of the victim.

The apex court said that in rape cases the sole testimony of the witness without any corroboration can be relied on as rarely would a self-respecting Indian woman accuse a man of raping her.

"In the context of Indian culture, a woman-victm of s*xual aggression would rather suffer silently than to falsely implicate somebody. Any statement of rape is an extremely humilating experience for a woman and until she is a victim of s*x crime, she would not blame anyone but the real culprit.



 2 Replies

Kuljit Pal Singh (Legal Professional)     11 July 2009

Good piece of information.

Further i would like to add that in all Cases specially Criminal Cases, every Case is to be decided on its merits and there is nothing like precedents to be followed, in spite of this the judges blindly relied on precedents without go into the merits of the cases.

Regards

PARTHA P BORBORA (advocate)     11 July 2009

thanks for ur kind information


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