Injury absent Implies Consent for Sex


Stating that absence of injury on the person of the prosecutrix would lead to an inference that she was a consenting party to sexual intercourse, the Punjab and Haryana High Court refused to grant Leave to Appeal against the judgment of acquittal in a rape case.

“Medical Expert…has stated that there was chances of recent sexual intercourse with the prosecutrix…the doctor did not find any injury on the person of the prosecutrix, from which, it can be inferred that she was a consenting party to the sexual intercourse. There is no corroborative evidence to the testimony of the prosecutrix that she was victim of rape…in these circumstances, we inclined to extend the benefit of doubt to the respondents,” the division bench of Justices Jaswant Singh and Lalit Batra said.

Interestingly, the Supreme Court has on previous occasions held that bodily injuries on victim are not necessary to prove the offence of Rape.