CNN-IBN
New Delhi, May 19: In a landmark judgment, the Supreme Court has ruled that the statement of a woman can be enough to establish that she has been raped.
It's a ruling that could go a long way in encouraging rape victims to come out in the open and speak up and in punishing rape accused.
The Supreme Court while convicting a rape accused stated that a person can be convicted of rape solely on the basis of evidence given by a rape victim.
The ruling came on an appeal filed by Om Prakash from UP, who was sentenced to 10-year rigorous imprisonment by the trial court for raping a pregnant woman in 1985.
"For the first time, the Supreme Court has given a landmark verdict on this point. It says if the antecedent of the victim is good and her credibility impeccable, then there is no reason to disbelief her. And the accused should be punished on the single testimony of the victim," M P Shorwala, advocate for the accused, said.
Many feel that this is a verdict which will enable rape victims to speak out. In fact, the Supreme Court itself said in its judgment: "In India, women have a tendency to conceal such offence because it involves her prestige as well as prestige of her family. Only in a few cases, the victim girl or the family members have the courage to go before the police station and lodge a case."
Giving a new direction to the law that deals with rape in the country, the SC has also advised all trial courts in the country to treat a victim's statement as gospel truth.
In fact, the court has also said that in absence of medical evidence, the court is to rely on the statement of the victim.
Litmus test for SC verdict on rape
CNN-IBN
New Delhi: Can a rape victim continue to seek justice even if the medical report doesn't support her case? The Supreme Court has said yes. But as the latest twist in the recent Ghaziabad gangrape case shows that it may be easier said than done.
Five men in a moving car in Ghaziabad allegedly raped a woman four days ago. But now police sources say that it may actually be a false case, because the initial medical reports show no signs of internal injury or rape.
However, the victim and social workers supporting her, are agitated by this revelation, and suspect foul play by the police.
"The police was treating the accused as if they are the boss. They even harassed the victim and refused to register the complaint. The medical report was supposed to come in three days but yesterday evening the police released a press note saying that the reports have come and they are negative," General Secretary National Federation of Indian Women, Annie Raja said.
The victim had come to Delhi after being promised a job in Dubai by one of the accused.
She alleges that on May 13 she was forced into the accused's car and raped. She finally escaped by jumping out of the car.
The victims alleges that the police refused to register her FIR at the police station, and that she has been harassed ever since she named the main accused. Even the medical examination according to her was not conducted properly.
"They never examined me properly, they never checked me when I said I was in pain. They just laid me on the table and kept saying nothing is wrong," the victim said.
It’s now the victim's word against that of the accused. And in the absence of circumstantial evidence, whom should the courts believe?
According to the latest Supreme Court verdict, even if the medical reports do no confirm rape, the victim can demand justice. And this case might just prove to be a litmus test for them.