Lack of injuries does not necessarily indicate consent to sex: says HC Patna

In a significant judgment, the Patna High Court has ruled that if any internal or external injuries do not appear during the sexual assault, it does not means that the victim was involved in consensual sex.
The appeal against the lower court's judgment in the 2015 Jamui rape case. (IANS)
The appeal against the lower court's judgment in the 2015 Jamui rape case. (IANS)

In a significant judgment, the Patna High Court has ruled that if any internal or external injuries do not appear during the sexual assault, it does not means that the victim was involved in consensual sex.

A bench of Justice Ananta Manohar Badar, while hearing the appeal against the lower court's judgment in the 2015 Jamui rape case, overturned the verdict, holding that internal or external wounds on the body of a victim don't need to be needed as a proof of rape being committed.

He cited a clause of Section 375 of IPC which makes it clear that only because a woman does not physically resist the act of penetration, it cannot be regarded as consenting to the sexual activity.

The victim was a daily wage laborer of a brick kiln in Jamui. She had demanded her wages from the owner who promised her to give the money at the end of the day. He then went to her house, dragged inside the room, pinned her down on the floor, and raped her.

The court said that if the statement of the victim is reliable and trustworthy and is supported by circumstantial evidence, the incident can be treated as rape and not considered consensual sex. (AA/IANS)

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