Jharkhand HC rape case: The Jharkhand High Court has ruled that the absence of physical injuries or signs of struggle on a rape survivor’s body isn’t enough to reject her statement. The court said this was especially important in a case involving a minor who was overpowered by three accused persons and whose account was supported by medical evidence.
The ruling was passed on October 1 by a Division Bench of Justice Ananda Sen and Justice Pradeep Kumar Srivastava. The judges were hearing an appeal filed by the accused against their conviction under Section 376(D) of the Indian Penal Code (IPC) and Sections 4, 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
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The High Court dismissed the appeal and upheld the punishment given by the lower court. The Simdega court had sentenced the accused to 20 years of rigorous imprisonment and imposed a fine of Rs 50,000 on each of them in the case involving the sexual assault of a minor.
What Happened in the Case?
According to the prosecution, the 16-year-old girl had attended a function at the house of Suresh Samad. At around 10 pm, she went to a tubewell to wash her hands and feet.
The victim stated that three accused persons overpowered her and forcibly took her to a field, where she was raped. She alleged that the accused held her hands and legs during the assault. She was later taken to Dholipahadi under threat and was sexually assaulted again. The accused also warned her not to tell anyone about what had happened.
The girl later told her mother about the incident. Following this disclosure, they approached the police and filed a complaint.
During the appeal, the defence questioned the victim’s account and argued that the case mainly depended on her testimony. The lawyers also pointed out that the medical examination had found no injuries or visible signs of a physical struggle that they considered consistent with the allegation of gang rape.
The defence further claimed that there was already hostility between the families of the accused and the victim. They argued that this could have led to the accused being falsely implicated.
High Court Explains Why the Victim’s Statement Was Credible
The state government opposed the appeal and argued that scientific evidence supported the prosecution’s case. It also said that the absence of visible injuries or pain couldn’t be used to dismiss the victim’s account.
After reviewing the evidence, the High Court found no reason to doubt the girl’s statement. The judges said that the circumstances of the incident and the victim’s age had to be considered while examining the case.
The court stated, “After evaluating the evidence of the victim, we do not find any material to disbelieve her testimony. Merely, the fact that there is no sign of struggle is not the ground to disbelieve the statement of the victim. We have to take into consideration the age of the victim, which is 16 years being overpowered by three accused persons. The medical evidence corroborates immediate sexual assault,”
The judges also considered the testimony of the victim’s mother, who was examined as PW-1. She supported her daughter’s account of the incident and confirmed that the girl had told her about the assault afterwards.
