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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 staying with her aunt was sexually abused by her cousin over three years. When she disclosed the abuse to her school teachers, an FIR was registered and the trial court convicted the accused of rape under IPC Section 376 and sentenced him to 10 years imprisonment. The High Court reversed the conviction, citing insufficient medical evidence and doubts about the victim's testimony. The Supreme Court allowed the State's appeal, holding that rape convictions can rest solely on the victim's credible testimony without mandatory corroboration, especially for minor victims. The absence of hymenal injuries does not negate rape. The trial court's finding of credibility should not be overturned without compelling reasons. The original conviction was restored.

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Criminal Law Sexual Offences Rape Evidence Victim Testimony Minor Protection Appellate Review

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