Rape -- Absence of External Injury -- Absence of external injury does not disprove commission of rape where sole testimony of victim inspires confidence
(i) Indian Penal Code, 1860, S.375 -- Rape -- Absence of External Injury -- Absence of external injury on the victim does not lead to a presumption that no sexual assault was committed, as injuries may or may not occur depending on the nature of the place of occurrence. Penile penetration is not the sole criterion for the offence; insertion of the penis in the mouth also falls within the ambit of rape. Where the sole testimony of the victim inspires confidence and is free from artificiality, it is sufficient to sustain conviction. (ii) Indian Penal Code, 1860, S.376(2)(f) -- Rape -- Position of Trust or Authority Towards Victim -- Enhanced punishment for rape by a person in a position of trust or authority towards the victim applies only where such relationship of trust or authority is established. In absence of evidence showing the accused held a position of trust or authority over the victim, conviction under this provision is not sustainable and the offence is confined to Section 376(1).
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