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Slight penetration even if there is no visible injury will constitute rape: Sikkim High Court

The High Court examined the trial court’s order where the judge had found the victim’s testimony to be firm and clear, and noted that she had consistently recounted the incident.

The trial judge had also opined that the redness, which was noticed the same morning soon after the incident, reinforced the case of the prosecution.

We find that the learned Special Judge has correctly appreciated the evidence and the law, and found the appellant guilty of the offences charged,” the High Court thus concluded.

The division bench also considered that the victim’s deposition was specific, consistent and clear. Therefore, it found no reason to doubt it.

In the circumstances, we uphold the conviction of the appellant under section 376 AB of the IPC and section 6 of the POCSO Act,” the High Court ruled.

Source: Barandbench

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