Rape Can Be Proven Without Genital Injuries or Semen Stains: Jammu and Kashmir HC

The High Court of Jammu & Kashmir and Ladakh recently underscored that the offense of rape can be established even in the absence of injuries to the survivor's genitals or semen stains left by the accused, according to the case of Bodh Raj v. State of Jammu and Kashmir & Ors.

Justices Sanjay Dhar and Rajesh Sekhri emphasized that a medical expert treating a rape survivor can only certify evidence of recent sexual activity, and it is not within their purview to determine whether the offense of rape has occurred. The court reiterated that the determination of rape is solely a judicial matter.

The judges clarified that the assessment of whether rape within the context of Section 375 of the Indian Penal Code is proven lies exclusively within the domain of the court, as rape is a legal offense.

"The offense of rape can be established even without causing any injury to the genitals or leaving any seminal stains," the bench further highlighted.

This observation was made while dismissing an appeal by Bodh Raj, who had been convicted of raping his one-year-old granddaughter. A doctor's examination revealed hymenal tearing and fresh injuries on the child's genitals. Although the doctor initially considered possible sexual assault, further investigation indicated penetration.

Despite the absence of seminal stains, the court upheld the conviction and life imprisonment sentence imposed on Raj, highlighting that the injuries indicated penetration, rendering the absence of semen stains inconsequential.

Author: Anushka Taraniya

News Writer, MIT ADT University