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'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

27 Jun 2026 4 min read
'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…

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