Injary is not necessary in private part to prove defect, decision came from SC after 40 years of rape

New Delhi : The Supreme Court ruled, confirming the fault and sentence of the accused in the case of sexual harassment with the schoolgirl of the tuition teacher. The apex court said that the courts may register conviction even if the victim’s private organs are not hurt, when other evidence confirms the rape. The accused had argued that the allegations of rape could not be proved as there was no injury to the girl’s private parts. he/she also said that the girl is making false allegations against her.

No reason to dismiss reliable evidence

While rejecting both the arguments, a bench of Justices Sandeep Mehta and Prasanna B. Varale said that there are no major injuries in medical evidence, this cannot be the reason for the wonder to dismiss the otherwise reliable evidence of otherwise. Writing the verdict, Justice Varale said that it is not necessary that in every case of rape, the victim’s private organs are hurt and it depends on the facts and circumstances of a particular case. We reiterate that the lack of injury to the victim’s private organs is not always fatal for the prosecution case.

Cited the principle of criminal jurisprudence

The bench also stated that the established principle of criminal jurisprudence is that the evidence of the descendant in the case of rape is the same as the evidence of the injured witness and can be convicted on the basis of the only testimony of the bosser. Considering the accused’s allegation about the character’s character of the prosecutor, the bench said that the court does not need to consider its veracity as it has nothing to do with the case. We do not get any reason to accept the argument that the alleged unethical character of the woman’s mother has to do anything from falsely implicating the accused on the basis of concocted story.

The court said that the question of the accused’s sentence for the rape of the prosecutor is independent and different. It has no relation with the character’s mother’s character and seems to have a terrible attempt to use it as a license to discredit the testimony of the manner. We do not see any power in these arguments.

40 years long time

The case also reflects the tragic situation of a three-level judicial system, where the trial courts are much more ready to decide in criminal cases than the constitutional courts. The incident of sexual harassment by tuition teacher is in March 1984. The trial court convicted the man in 1986. However, it took 26 years for the Allahabad High Court to uphold the trial court’s decision and it took 15 years for the Supreme Court to do so.