Doctor's statement not ultimate test to prove rape: HC | india | Hindustan Times
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Doctor's statement not ultimate test to prove rape: HC

india Updated: May 12, 2009 13:51 IST

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Rape can be proven despite a contradictory medical report, the Bombay High Court held in a recent judgement.

The incident in this case occurred in August 1987 and the accused Suresh Jadhav was acquitted by Satara sessions court in 1989.

The prosecution case was that the victim, an eleven-year-old girl, studying in Class VII, was raped by Jadhav.

Jadhav was known to the girl's family. On the day of the incident, the victims' elder brother asked Jadhav to drop her at home on Jadhav'ss bicycle.

The accused instead took her to his house and sexually assaulted her. But the trial court found that according to the doctor's evidence, there was no rupture of the hymen, and there were no injury marks on the girl's body.

On this basis, Jadhav was acquitted by the court following which an appeal was filed in the High Court.

In 2007, another bench of High Court reversed the decision convicting Jadhav. Jadhav challenged it before Supreme Court. Supreme Court directed the High Court to hear the appeal afresh.