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.
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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.