Rape not a diagnostic that a medical professional should make; it is a legal term

The Nagpur Bench of the Bombay High Court recently stated that rape is a legal word and not a diagnosis that should be made by a medical professional while maintaining a man’s conviction for raping his little niece. In the case of Atul Keshav v. Kiran Malekar v. State of Maharashtra.

The convict’s argument that the medical report simply indicates that “sexual assault” cannot be ruled out and that it specifically does not mention whether or not rape occurred was rejected by Justice Anil Kilor in response to his appeal against his conviction and 10-year prison term.

The accused’s argument that the offence of sexual assault or rape cannot be brought against him since he did not penetrate the girl’s private area was rejected by the court.

This news is written by Ms. Amrita Singh, Research Assistant, All India Legal Forum

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