Prosecutrix's Testimony Not Conclusive; Evidence Negating Penetration Justifies Conviction for Attempt to Rape Instead of Rape: Jammu & Kashmir and Ladakh High Court

The Jammu & Kashmir and Ladakh High Court has delivered an important judgment while dealing with allegations under Section 376 RPC. The Court held that when medical evidence does not support penetrative sexual assault, a conviction for rape cannot be sustained merely on the statement of the prosecutrix. However, if the evidence clearly establishes an attempt to commit rape, conviction can be altered to Section 376 read with Section 511…