Absence of injuries does not negate rape: Patna High Court refuses to quash cognizance in minor's alleged gang-rape case

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Published 5 November 2026

Bottom Line Up Front (BLUF)

In Md. Shahabuddin v. The State of Bihar, 2024 LiveLaw (Pat) 47, the Patna High Court (Justice Bibek Chaudhuri) held on 2024-03-20 that the absence of injuries does not automatically negate the offence of rape. The Court refused to quash cognizance in a gang-rape case involving a minor, emphasizing that consent is irrelevant for a minor victim under Section 375 of the Indian Penal Code.

Ratio Decidendi · Legal Principle Established

The absence of physical injuries on a victim does not, by itself, negate the commission of rape, especially when the victim is a minor, as consent is immaterial under Section 375 of the Indian Penal Code (now Section 63 of the Bharatiya Nyaya Sanhita).

Practice & Procedural Impact for Advocates

Advocates should argue that medical evidence showing no injuries does not automatically lead to acquittal in rape cases, particularly those involving minors. Litigants should be aware that the focus remains on the victim's testimony and the legal definition of consent, especially for minors. Counsel must confirm whether the IPC or BNS applies based on the offence date.

Key Legal Takeaways

1Absence of injuries does not automatically negate rape.
2Consent is irrelevant for minor victims in rape cases.
3Medical evidence is corroborative, not conclusive, in rape trials.

The Legal Issue In Md. Shahabuddin v. The State of Bihar, the Patna High Court considered a petition filed under Section 482 of the Code of Criminal Procedure, 1973 (now Section 531(2)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023, for new proceedings, counsel must confirm which applies) seeking to quash the order of cognizance in a case involving the alleged gang-rape of a minor. The primary contention raised by the petitioners was that the medical report did not indicate any injuries on the victim, which, according to them, negated the possibility of rape.

Court's Reasoning Justice Bibek Chaudhuri, presiding over the case, rejected the petitioners' argument. The Court held that the absence of injuries on the victim does not, by itself, negate the commission of rape. The Court emphasized that in cases involving a minor victim, consent is immaterial under Section 375 of the Indian Penal Code (now Section 63 of the Bharatiya Nyaya Sanhita, 2023, counsel must confirm which applies based on the offence date). The Court reiterated that medical evidence is corroborative in nature and cannot be the sole basis for determining whether rape occurred. The victim's statement and other evidence must be considered. The Court found no grounds to interfere with the cognizance order at this preliminary stage.

What Follows The Patna High Court dismissed the petition, thereby allowing the criminal proceedings against the petitioners to continue. The trial court is directed to proceed with the case, considering all evidence presented, without being swayed solely by the absence of physical injuries in the medical report. The matter will now proceed to trial.