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Criminal Law

No Physical Resistance by the Rape Survivor does not amount to disbelieving of her testimony

The Court however did not agree with the contentions of the appellant and noted that just because there are no injury marks on her body does not mean that her testimony is not reliable. The court further observed that the victim was under threats for complaining against the appellants.
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Delhi High Court while reiterating its earlier stand and position has held that a rape survivor’s testimony cannot be overlooked or disbelieved simply because there are no injuries on her body and there is no reason to support the absence of such bodily injuries.

The High Court has to reiterate its stand while hearing an appeal against the conviction of the appellants under section 376(2)(g) (gang rape) and section 506 (criminal intimidation) of Indian Penal Code. The appellants while defending themselves said that their conviction is not right as they have been falsely implicated in the instant case.

The Court however did not agree with the contentions of the appellant and noted that just because there are no injury marks on her body does not mean that her testimony is not reliable. The court further observed that the victim was under threats for complaining against the appellants.

The Justice Sehgal also noted that there is however no settled rule for this and each case has to be heard according to its own case and circumstances. He further added that  “It is a settled proposition that injury is not sine qua non to prove the offence of sexual act, provided the evidence of the victim does not suffer from any basic infirmity and the probability factor does not render it unworthy of credence… …In the facts and circumstances of the present case, it is clear that alleged incident had taken place. Merely because the prosecutrix was a helpless victim who was by force prevented from offering serious physical resistance, cannot be disbelieved. Therefore, on the combined reading of medical and ocular evidences in the light of present facts and circumstances of the case, it can be said that the evidences adduced herein are fully established.”

The appeal of the appellants was dismissed by the Delhi High Court and it held that there is no suspicion in the testimony of the rape victim.

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Reviewed by:
Mehak Sharma
Published on 30-Oct-17
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