Highly impossible for a single man to gag, denude and rape without scuffle: Bombay HC

Mumbai, Jan 29: While acquitting a 26-year-old man in a rape case, Bombay High Court judge, Justice Pushpa Ganediwala ruled it seemed highly impossible for a single man to gag, denude and rape the complainant without any scuffle.

"Had it been a case of forcible intercourse, there would have been a scuffle...In medical report, no injuries of scuffle could be seen," she added.

"The defence of consensual physical relations does appear probable," the judge noted.
A bench of Justice Pushpa Ganediwala said, "A perusal of the testimony of the victim, does not inspire the confidence of the Court as the incident, as narrated, does not appeal to the reason as it is against the natural human conduct."

"Undisputedly, the accused is the neighbour of the victim. It seems highly impossible for a single man to gag the mouth of the victim and remove her clothes and his clothes and to perform the forcible sexual act, without any scuffle," the judge added.

The judge further took into account the girl's statement, wherein she had stated that she wouldn't have had filed the FIR if her mother did not enter the house.