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Victim Is habituated To sex cannot Be A Defence To Act of Rape Victim Is habituated To sex cannot Be A Defence To Act of Rape

Bronze medal Reporter Adv.vrinda Posted 7 Dec 2019
Victim Is habituated To sex cannot Be A Defence To Act of Rape

The Supreme Court bench headed by Chief Justice of India SA Bobde observed the case titled Abdul Sattar Versus The State Of Uttar Pradesh & Anr. A minor girl was raped by the accused Rizwan. To allow the bail petition filed by the accused, the Allahabad High Court took note of Medical examination report which stated that the prosecutrix sustained no internal or external injury on her person and that she was habitual to sex. The fact of the case that victims of rape is habituated to sex, cannot be a valid defense to the act of rape.

The accused has been charged with the rape of a girl who is alleged to be 14 years of age. There is one statement on the record that her age is 16 years, but for the purpose of the present matter it does not make much difference. Suffice it to say that the alleged rape is committed on a young girl. The  High Court has noted the opinion of a Doctor that the girl was habituated to sex. This appears to have led the High Court to consider the case of the accused sympathetically. We are of the view that the fact that victim of rape is habituated to sex, cannot be a valid defense against the act of rape.

The following are the key observations made in the unanimous judgment. For more legal judgment in India...........
 

Read the Judgement


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