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Supreme Court of India 2018-11-28 allowed

State of Himachal Pradesh vs Manga Singh

Bench: 2 — R. Banumathi

In Brief

A nine-year-old girl was sexually assaulted by her cousin over a three-year period while staying at her aunt's house. The trial court convicted the accused under Section 376 IPC and sentenced him to ten years imprisonment. The High Court reversed this, finding medical evidence inconclusive and the child's testimony unreliable. The Supreme Court restored the conviction, holding that a child victim's testimony alone suffices for conviction when it inspires confidence. The Court rejected the High Court's reliance on absence of hymenal injury, noting that slight penetration may not cause rupture. It emphasized that courts must apply special sensitivity in child rape cases and not grant unmerited acquittals.

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Criminal Law Sexual Offences Evidence Rape Child Sexual Abuse Credibility of Witnesses Medical Evidence Appellate Review Burden of Proof

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