The bench said “It is a well-settled proposition of law that non-allowance of medical examination by an alleged rape victim raises negative inferences against them.”
NEW DELHI: The Supreme Court of India upheld that if an alleged rape victim refuses to undergo a medical examination, it can lead to negative inferences against their claims.
The bench, comprising Justice Surya Kant and Justice NK Singh, made this important observation while hearing an appeal filed by the State of Himachal Pradesh. The appeal was against a High Court judgment that had acquitted an accused in a rape case.
The Court referred to the case of Dola v. State of Odisha (2018) 18 SCC 695, stating that “denying medical examination raises doubts about the allegations.”
The bench further emphasized,
“It is a well-settled proposition of law that non-allowance of medical examination by an alleged rape victim raises negative inferences against them.”
Background of the Case
The case began with an FIR lodged in 2007 by the father of the alleged victim. He alleged that the accused had entered their house when they were absent and committed sexual assault on his daughter.
The prosecutrix underwent a medical examination at the Regional Hospital in Hamirpur, where she was found to be of unsound mind and did not cooperate. To confirm the occurrence of sexual assault, she was referred to RPMC Hospital, Tanda (Dharamshala). However, her father refused to allow further medical tests.
Initially, the trial court convicted the accused. However, the High Court later set aside this decision and acquitted him. The High Court noted that the victim and her family did not fully cooperate with the medical staff. This lack of cooperation weakened their statements.
The Court observed that “the prosecutrix’s mother turned hostile, and her father made evasive statements.”
The High Court also found that the prosecutrix was not mentally unsound, as she could understand and answer questions during cross-examination. Considering these factors and the limited scope of interfering with acquittals, the Supreme Court decided to uphold the High Court’s judgment.
What is the POCSO Act?
The Protection of Children from Sexual Offences (POCSO) Act is a crucial law that protects minors from sexual abuse and exploitation. It clearly defines offenses, prescribes strict punishments, and ensures child-friendly procedures during investigation and trial. Authorities are required to handle such cases sensitively to protect the rights of child victims.
Case Title: The State Of Himachal Pradesh vs Rajesh Kumar @ Munnu
