Saturday, September 24, 2011

‘Medical proof not always necessary to prove rape’

Nagpur:In a landmark verdict, the Nagpur bench of Bombay high court has ruled that medical evidence is not always necessary to prove an offence of rape. “Merely because there is no medical evidence to prove sexual intercourse, it can’t be held that the accused is innocent,” a single-judge bench comprising justice U V Bakre ruled, adding that “this is because there is strong, truthful and reliable evidence of the victim”.
The court dismissed the appeal filed by a Gadchiroli headmaster convicted by the lower court. Citing a report by Dr Sadhana Joshi, who examined the 12-year-old victim Komolika (name changed), the court observed that “in girls aged about 13-14 years, the hymen is tough and without rupture of hymen, sexual intercourse is possible with slight penetration”. The judge stated that the victim was in menarche and “merely because her hymen was intact and no injuries were noticed on her body or perineal region, it can’t be concluded that the accused is innocent and the victim is lying”.

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