Court Upholds Medical Evidence Despite Victim Turning Hostile, Following Supreme Court Precedent
In a significant ruling, the Madhya Pradesh High Court has dismissed the bail application of Goutam Kolare, an accused in a case involving the alleged rape of a minor. The court, presided over by Justice Ajay Kumar Nirankari, emphasized the reliance on medical evidence for conviction, even when the victim turns hostile during the trial. This decision aligns with the Supreme Court's stance in the 2019 case of Hemudan Nanbha Gadhvi v. State of Gujarat.
The case revolves around the allegations against Goutam Kolare, accused of raping a minor girl who went missing on October 29, 2025, and was found on November 11, 2025, in Bhopal with the applicant. The prosecution's case is supported by medical evidence, despite the victim retracting her statements during the trial.
The defense argued that the victim, who left her home voluntarily and shared a close relationship with the accused, did not support the prosecution's claims in court. Additionally, a negative DNA report was presented. However, the court highlighted the importance of medical evidence, drawing from the precedent set by the Supreme Court, which allows for conviction based solely on such evidence even if the victim does not corroborate the allegations.
The court's decision underscores the judiciary's commitment to upholding the rule of law and ensuring justice, particularly in sensitive cases involving minors. The judgment serves as a reminder that the integrity of the judicial process cannot be undermined by witness hostility or retraction of statements.
Bottom Line :
Conviction can be based solely on medical evidence even if the victim turns hostile during the trial, as held by the Supreme Court of India in Hemudan Nanbha Gadhvi v. State of Gujarat (2019) 17 SCC 523.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Sections 137(2), 96, 64(2)(m), 65(1) of BNS, 2023, Section 3(a)/4 and 5(L)/6 of POCSO Act
Goutam Kolare v. State of Madhya Pradesh, (Madhya Pradesh)(Jabalpur) : Law Finder Doc id # 2964186
