Repeated Sexual Activity With 9 Yr Old Child Not Possible Sans Any Injury In Vaginal/ Genital Area: JKL HC Sets Aside Rape Conviction
Case: Ishfaq Ahmad Khan v. State of J&K & Ors.
Coram: Justice M. A. Chowdhary
Case No.: CrlA(S) No. 8/2019
Court Observation: “It is not understandable as to how the prosecutrix, who was apprehensive with regard to her sister who was younger to her being molested who in her own statement had not said anything with regard to her alleged molestation, and instead of informing her younger sister about the incident the prosecutrix should have informed her maternal uncle or her brother who too were sleeping in the same room, and how without any protest she was shifted to the bedding of the appellant by the appellant and then after having sexual activity went back to her own bedding…It cannot be possible that the child of the age of only 9 years, who even had not reached the age of menarche could be ravished three times repeatedly without any pain, protest or resistance which may not have been noticed by the other persons sleeping in the same room”
“The repeated sexual activity on such a person of tender age cannot be possible without any injury in the vaginal /genital area…it is clear that presence of almost all the witnesses- parents, maternal uncle and siblings- elder brother and younger sister, was in the house and except parents all others in the room, where the prosecutrix is alleged to have been raped by the appellant, conduct of the parents to sleep in the upper floor, leaving the children including prosecutrix in the ground floor, where the beddings of the daughters were claimed to have been laid just besides that of appellant who was a stranger, is not understandable,”
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