The High Court of Jammu and Kashmir and Ladakh recently noted that the offence of rape can be established even without producing any injury to the genitals or leaving any seminal stains.
The High Court bench was hearing an appeal filed by Bodh Raj who is accused of raping his 1-year-old granddaughter in 2011. The Bench comprising Justice Sanjay Dhar and Justice Rajesh Sekhri upheld his conviction and life imprisonment.
The bench noted that the rape survivor can only certify if there is any evidence of recent sexual activity and they cannot have a final say on whether the offence of rape has been committed.
“Rape cannot be diagnosed by a doctor. A medical expert treating a rape survivor can only certify about any evidence of recent sexual activity. It is none of his business to opine whether rape is committed or not. Rape is a judicial determination,” the bench stated.
The bench noted that since rape is a crime, it is only the court who is going to determine whether it is within the meaning of Section 375 of the Indian Penal Code.
“Offence of rape can be established even without producing any injury to the genitals or leaving any seminal stains,” the bench said.
During a medical evaluation, a physician discovered a torn hymen and recent genital injuries in the child. The doctor’s initial assessment leaned towards the potential of a sexual assault, although alternative scenarios could not be entirely dismissed.
The doctor testified that the injuries indicated that the child is a victim of sexual assault and there was a penetration.
“The doctor has clearly opined that given the injuries found on the victim, it was surely a case of penetration. In such circumstances, absence of seminal stains pales into insignificance and would not come to the rescue of the appellant,” the bench said.
No Improvements Even After 10 Years Of Nirbhaya Case
While expressing disappointment over the steep decline in the respect for women, the bench stated, “Nothing has improved even after more than a decade of “Nirbhaya”. Women also have the right to life and liberty. They also have the right to be respected and treated as equal citizens. Their honour and dignity cannot be touched or violated. Women, in them, have many personalities combined. They are not playthings.”
The bench added, “It is unfortunate that respect for woman in our country is on steep decline. Of late, cases relating to molestation, outraging of modesty and rape are on the rise day by day. Decency, morality and moral values of the Indian society, which we treasured and were proud of, appear to have vanished.”
The High Court bench stated that it is a blot on society and a sad reflection of societal indifference to the violation of human dignity of victims in sex crimes.
“Shiver runs down the spine to know that a maternal grandfather has gratified his animated passion and sexual lust by ravishing his one-year-old granddaughter,” the bench added.
