The Supreme Court has reaffirmed that if an alleged rape victim refuses a medical examination, adverse inference can be drawn against their claims. A bench comprising Justice Surya Kant and Justice NK Singh made this observation while deciding an appeal filed by the State of Himachal Pradesh against a High Court judgment that acquitted the accused in a rape case.
Legal Precedent Cited
Referring to Dola v. State of Odisha (2018) 18 SCC 695, the Court reiterated that denying medical examination raises doubts about the allegations. “It is a well-settled proposition of law that non-allowance of medical examination by an alleged rape victim raises negative inferences against them,” the bench noted.
Case Background
The case stemmed from an FIR filed in 2007 by the father of the alleged victim. He claimed that the accused entered their house in their absence and committed sexual assault on his daughter.
During the medical examination at Regional Hospital, Hamirpur, the prosecutrix was found to be of unsound mind and did not cooperate. To ascertain sexual assault, she was referred to RPMC Hospital, Tanda (Dharamshala). However, her father refused further medical tests.
High Court Overturned Conviction
While the trial court convicted the accused, he was later acquitted.
The High Court noted that the prosecutrix and her parents did not fully cooperate with medical staff. This weakened their version of events. Additionally, the prosecutrix’s mother turned hostile, and her father made evasive statements.
The High Court also observed that the prosecutrix was not mentally unsound, as she could understand and respond during cross-examination. Given these factors and the limited scope of interfering with acquittals, the Supreme Court upheld the High Court’s decision.
What Is POCSO Act?
The POCSO Act (Protection of Children from Sexual Offences Act) protects minors from sexual abuse and exploitation. It defines offenses, sets strict punishments, and ensures child-friendly procedures. Authorities must handle cases sensitively to safeguard victims’ rights.
