Nagpur, Oct. 15 -- The Nagpur bench of the Bombay High Court has ruled that medical evidence alone, in the absence of signs of physical resistance or corroborative testimony, is insufficient to establish the offence of rape under Section 376 of the Indian Penal Code.
Justice Nivedita Mehta delivered the ruling while acquitting a man previously convicted by a special POCSO court in Hingna.
The lower court had sentenced him to 10 years of rigorous imprisonment for allegedly raping a minor girl.
The High Court noted that while the medical examination of the survivor confirmed recent sexual activity and minor injuries, there was no clear indication that the injuries resulted from non-consensual intercourse.
The court observed that such medi...