Refusal To Undergo Medical Examination Not Enough To Negate Minor's Accusation Of Rape: Rajasthan High Court

The Rajasthan High Court has made it clear that a minor rape victim's refusal to undergo medical examination alone cannot be the basis to disbelieve the allegations levelled by her.

The bench of Justice Rajendra Prakash Soni thus refused anticipatory bail to a POCSO accused on the alleged ground of false implication. It said,

“On perusal of the record and upon consideration of the submissions, it would be clear that in the statement recorded under Section 164 of the Cr.P.C., victim has specifically alleged offence of rape against petitioner. In that view of the matter, if victim had refused to undergo medical examination, her above statement cannot be negated on this basis alone and it cannot be said that petitioner has been falsely implicated.”

In her statement before the Magistrate, the girl had specifically alleged offence of rape against the applicant. However, bail was sought alleging false implication of the applicant highlighting the fact that the girl refused to undergo any medical examination.

The Court negated this fact and observed that in light of explicit accusation of rape made by the girl, against the applicant, before the Magistrate, her refusal to undergo medical examination could not be the sole ground to negate that statement. It could not be said that the applicant was falsely implicated.

In the background of this observation the Court opined that looking at the overall facts and circumstances as well as the nature and gravity of the offence, the applicant could not be granted anticipatory bail. Accordingly, the application was rejected.

Title: Dinesh Kumar v State of Rajasthan & Anr.

Citation: 2024 LiveLaw (Raj) 183