Sunday, May 16, 2010

Scanty injuries

"Coming to the most harangued argument that there are scanty injuries on the body of the victim, it is to be noted that according to the victim's version, her mouth was gagged and she was physically lifted from the spot when she was going to see the marriage party. It is also her deposition that while her modesty was being outraged by one, the other two accused had gagged her mouth and the third was pressing her hands. In such a situation it is preposterously puerile to imagine that victim will sustain graver injuries on her person since she was unable to resist. Medical report of complain of pain on her mouth and neck prove some physical pressure exerted on her. Evidence of P.W.3 further indicates that she was subjected to sexual intercourse to such an extent that even eight hours after the ignominy she was bleeding from her private part even on slight touch. P.W.3 is clear in her deposition that the injury sustained by P.W. 1 could be the result of sexual abuse performed on her.
Adding insult to injury is the defence taken by the appellants. Firstly and foremost the defence suggestion is palpably false. But for ipse dixit of suggestion, there is no other circumstance worth in name to support such temerity, and secondly accused failed to muster any evidence to support their claim. No co villager or any other person countenancing their defence entered into the witness box to bolster up their defence case. There is no hitch in my mind to observe that the defence of the appellants is per se untrue. Lastly but not the least, appellant had no license to rape the victim, even if, according to them, she was not a virgin."
(Allahabad High Court in Vipin and another vs State of UP, May 14, 2010 http://elegalix.allahabadhighcourt.in)

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