AIR 2004 SUPREME COURT 2636 ::2004 AIR SCW 2486 ::2004 Cri(AP)pR(SC) 366 ::(2004) 3 Supreme 418 ::(2004) 18 IndLD 355 ::(2004) 2 CurCriR 256 ::(2005) 2 AllCriR 1653 ::2004 CriLR(SC&MP) 858 ::2004 (9) SCC 699 ::2009 (1) SCC (Cri) 1012 ::(2004) 2 RecCriR 823 ::2004 (2) RecCriR 714 ::(2004) 4 Scale 804 ::2004 CriLR(SC MAH GUJ) 858 ::2004 (2) AndhLT(Cri) 79 SC ::(2004) 1 ALD(CRL) 1002 ::2004 (3) AllCriLR 369 ::(2004) 2 ChandCriC 192 ::2004 (3) EastCriC 18 ::2004 (28) OCR 510 ::2004 (3) JLJR 133 ::(2004) 3 Pat LJR 242 ::2004 (2) Crimes 446 ::2004 (3) SLT 337 ::2004 (3) Supreme 418 ::(2004) 18 AllIndCas 65 (SC) ::2004 (18) AllIndCas 65 ::2004 (49) AllCriC 314 ::2004 (6) SRJ 28

Supreme Court Of India

(From : Madhya Pradesh)*

Hon'ble Judge(s): N. Santosh Hegde, B. P. Singh , JJ

(A) Penal Code (45 of 1860) , S.376— Rape - Evidence of prosecutrix - Injuries suffered by victim - Stated by Doctor, could have been caused by sexual intercourse and not self-inflicted - Mere suggestion made in cross-examination that such injuries could be suffered by victim by falling on hard and blunt substance - By itself not sufficient to discard evidence of victim, who had no enmity to implicate accused. In the instant rape case the evidence of the doctor showing that the injuries suffered by victim could not have been self-inflicted. There was blood on her private part, the hymen was torn and medial side of the labia minora was inflamed. This was even after 4 days of the incident. The doctor in specific terms had stated that the victim is not habituated to sexual intercourse. The mere fact that to a suggestion made in cross-examination that such injuries could be suffered by the victim by falling on a hard and blunt substance, by itself, would not suffice to reject the evidence of victim who had no enmity whatsoever to implicate the accused. The suggestion which has come in the form of 313 statement merely says that there was some enmity between the parents of the accused and that of the victim. Neither the nature of enmity nor gravity of the same has been stated, therefore, that explanation would be of no assistance to the accused to establish the fa....