Disability can't be used to discredit sexual assault survivor's testimony: HC
Srinagar, Nov 3, Nov. 4 -- The Jammu and Kashmir and Ladakh High Court has held that a survivor's disability cannot be a ground for disbelieving her testimony in a sexual assault case, observing that it is the responsibility of the court to ascertain the truth rather than allow a witness's physical limitations to prejudice the assessment of evidence.Dismissing appeals filed by two men convicted of rape and kidnapping, the court observed that rejecting the testimony of a survivor merely because of her disability would be unjustified, particularly when there was no material suggesting false implication or any previous enmity between the accused and the victim's family.However, allowing the appeal of a third accused, the court acquitted him ...
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