Lying atop woman, sans backing proof, can't be held as rape: Patna high court
The Patna High Court reduced a man's rape conviction to indecent assault, citing a lack of medical or material evidence to support the victim's testimony. The court emphasized that without corroborating proof, the allegations were insufficient to sustain the original charge.
Why it matters
The ruling underscores the legal challenges in sexual assault cases where physical evidence is absent, sparking debate over judicial standards for victim testimony.
PATNA: Patna HC has reduced a man's rape conviction to indecent assault, ruling that allegations of him entering a woman's hut at night, covering her mouth and mounting her body, without supporting medical or material evidence, were insufficient to establish rape.A single-judge bench of Justice Sandeep Kumar passed the verdict on Oct 8 while partly allowing a criminal appeal by Mohammad Ainul Haq.The judgement became public Tuesday. According to the prosecution, Haq entered the woman's hut around 10pm on Feb 8, 2010, covered her mouth and mounted her "with evil intentions".When he removed his hand, she raised an alarm, drawing 10-15 villagers, including her immediate neighbour, who caught him.During the trial, all witnesses except the woman turned hostile.
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