Rape -- Absence of Bleeding in Medical Report -- Penetration doubtful where contemporaneous injury allegation stands negatived
(i) Indian Penal Code, 1860, S.376 -- Rape -- Absence of Bleeding in Medical Report -- Penetration doubtful where contemporaneous injury allegation stands negatived. Absence of injury alone does not disprove penetrative sexual assault, but where prosecution specifically alleges bleeding and the contemporaneous medical examination finds no injury without explanation, this inconsistency creates serious doubt on the allegation of penetration. (ii) Protection of Children from Sexual Offences Act, 2012, S.29 -- POCSO Act -- Reverse Onus Presumption -- Not automatic and cannot found IPC conviction. Presumption under Section 29 arises only after prosecution proves foundational facts through reliable evidence, and such presumption cannot be used to sustain a conviction or sentence under a separate statute that contains no equivalent presumption.
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