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Rape is a legal term and not a diagnosis to be made by medical officer: Bombay High Court

As per the prosecution case, the appellant was the uncle of the victim, who was four years old at the relevant time. He allegedly raped his niece on April 1, 2018, when he was alone in the house with her.

The victim narrated the entire incident to her mother the next day, when she noticed some injuries on the private parts of the victim. She told her mother that the appellant switched off the lights of the house, removed her shorts and raped her, and when she started crying, he threatened her of dire consequences.

Speaking about the case, Justice Kilor observed,

“This is a case of child sexual assault, which is a form of sexual violence which includes sexual abuse, rape, indecent behaviour, sexual molestation, child sexual abuse, child sexual assault, sexual harassment. Sexual assault is most commonly committed against women and children by the people they know such as boyfriends, neighbours, step fathers, bosses, uncles. In the case at hand, uncle of the victim is the accused.”

Source: Barandbench

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