Can’t Disbelieve Prosecution’s Case Due To Absence Of Injury On Male Organ: MP High Court Affirms Life Sentence In 5 Y/O Girl’s Rape Case

Case: Kishna Banjara v. State Of M.P.

Coram: Justice G. S. Ahluwalia and Justice Rajeev Kumar Shrivastava

Case No.: CRIMINAL APPEAL No.360 of 2012

Court Observation: The defence has failed to dislodge the evidence of running away from the spot, by bringing any fact that there were movements of general public at the place of spot. FIR was lodged without any delay. The names of the prosecution witnesses were also mentioned in the FIR. Thus, when the incident took place at an isolated place with no movements of any other person, and the Appellant was seen running away by three persons who were grazing their cattles, and the small girl was also found on the spot in an unconscious condition with bleeding from her private part coupled with the fact that the medical evidence of the prosecutrix also establishes that She was subject to rape, this court is of the considered opinion that the prosecution has succeeded in establishing the guilt of the Appellant beyond reasonable doubt

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Keywords

Absence Of Injury, Disbelieve Prosecution’s Case