'Old Torn Hymen' Cannot Be a Ground for Benefit of Doubt in Rape Case if Victim's Testimony Is Reliable; 1983 Conviction Upheld: Allahabad High Court
The Allahabad High Court has held that an accused cannot claim the benefit of doubt in a rape case merely because the medical examination records the survivor's hymen as "old torn." The Court clarified that rape is a legal concept and not a medical finding, and if the testimony of the survivor is found to be wholly reliable and inspires confidence, such medical observations cannot override her evidence. While upholding…