The medical report fails to indicate rape, and the evidence presented by the minor victim and her sister is unsubstantiated and contradictory: Gauhati High Court Sets Aside Conviction
Case: UB v. The State of Assam
Coram: Justice Susmita Phukan Khaund
Case No.: CRL.A(J)/2/2020
Court Observation: “It is true that the victim has deposed that the appellant committed sexual assault on her, but due to the myriad of contradictions and the medico legal report given by the MO, benefit of doubt has to be extended to the appellant. Although the Medical Officer and the Magistrate have not stated that the victim is physically challenged, yet assuming that the victim is physically challenged, it will even be more perilous to convict the appellant on the sole testimony of the victim when the evidence is bristled with contradictions.”
“Although no contradictions could be elicited through the cross-examination of the witnesses vis-à-vis the cross-examination of the IO, the contradictions which surfaced through the evidence-in-chief of the witnesses casts a shadow of doubt over the veracity of the evidence, more so, when PW-5 admitted in her cross-examination that she gave her evidence as tutored by her parents”
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The medical report fails to indicate rape
