Dalip Kumar @ Dalli vs State Of Uttaranchal - Sexual Assault - Bodily Injuries
Indian Penal Code 1860 - Section 375, 376 - Bodily injuries are not necessary to prove sexual assault and neither it is important to raise a hue or cry. It is a common myth that sexual assault must leave injuries. Victims respond to trauma in varied ways, influenced by factors such as fear, shock, social stigma or feelings of helplessness. It is neither realistic nor just to expect a uniform reaction. The stigma associated with sexual assault often creates significant barriers for women, making it difficult for them to disclose the incident to others. (Para 8-9) - Referred to Supreme Court’s Handbook on Gender stereotypes(2023).
Indian Penal Code 1860 - Section 363, 366A - Conviction of accused - appellants set aside - The prosecutrix herself had clearly indicated that she was not forcibly taken away by the appellant.
