Can’t deny rape victims justice for lack of medical proof
By Team Legistify / 2017-07-07

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Justice cannot be denied to the victims of sexual offences for lack of medical evidence and a woman’s oral testimony can be relied upon, the Delhi High Court said today.

A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar said the amendments made in the rape law in 2013 after the December 16 gangrape incident in Delhi cannot be struck down as it was an effort of several years.

The court’s observations came while hearing pleas by academician Madhu Purnima Kishwar and two rape accused who have alleged that the amendments to the law relating to sexual offences was being abused in practice.

The petitions challenged the amendment which widens the definition of rape to include those sexual offences in which it is difficult to obtain medical evidence.

To this, the bench said, “In most of such cases, there is no medical evidence. Oral testimony of the victim is sufficient. Just because some false cases are filed, we cannot deny justice to real victims.”

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