The Supreme Court has reiterated that adverse inference can be drawn against a woman, who is alleged to be a victim in a rape case, if she refuses medical examination.
"It is a well-settled proposition of law that non- allowance of medical examination by an alleged rape- victim raises negative inferences against them," the Court observed, referring to Dola v. State of Odisha, (2018) 18 SCC 695.
The FIR in the case was lodged by the father of the alleged victim in 2007. It was alleged that the accused came to their house, when the parents were away, and committed forceful sexual intercourse with their daughter.
The prosecutrix was medically examined at Regional Hospital, Hamirpur, where she was found to be of unsound mind as she did not cooperate in her medical examination. As the factum of sexual intercourse could not be ascertained, the prosecutrix was further referred to the RPMC Hospital at Tanda (Dharamshala) for the opinion of their Gynecologist and Psychiatrist. However, the father of the prosecutrix did not allow for any medical examination to happen.
In this case, the mother of the girl turned hostile and did not support the prosecution case at all. The father also made evasive statements. The Court also noted that the prosecutrix and her parents themselves never fully co-operated with the medical staff, thereby adversely impacting the credibility of their version of events.
The Court also cited the limited jurisdiction to interfere with an order of acquittal.
