Lawstreet Journal

Even In Absence Of Medical Evidence Court Can Convict Rape Accused: Karnataka HC Answers When [Read Judgment]

Lawstreet Journal 16 Oct 2019 5:10pm

Image courtesy: Lawstreet Journal Judiciary Even In Absence Of Medical Evidence Court Can Convict Rape Accused: Karnataka HC Answers When [Read Judgment]

The Karnataka High Court on September 27, 2019, in the case of State of Karnataka v. S. Raju, has held that even in the absence of medical evidence the court can convict a rape accused if the very evidence of the victim inspires confidence of the court that the accused subjected her to sexual act.

A Division Bench comprising of Justice Ravi Malimath and Justice H.P. Sandesh passed the ruling on an appeal filed by the state challenging the judgment of acquittal passed by the Trial Court for the offence punishable under Section 376 of Indian Penal Code, 1860.

Background

It was the case of the prosecution that the accused had on April 4, 2012, raped the victim who was 16-years-old at the time of the incident and threatened her of dire consequences if she narrated the same to anyone. When the incident was disclosed to the victim’s mother, she went to the police station and lodged the complaint. The police registered the case against the accused and after investigation filed the charge sheet for the offence punishable under Section 376 of Indian Penal Code, 1860.

In the case, the doctor who examined the victim, submitted a report saying that he examined the victim and collected vaginal swab and smear in a sealed bottle. The Investigating Officer furnished the same to RFSL. He examined RFSL report and gave the opinion that there are no signs of forcible intercourse. The doctor was not cross examined at the stage of trial.

Similarly, a… Continue Reading...


Tagged: Karnataka high court  
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