Keeping in view the Indian Society and Indian Conditions, Hon'ble SC in Bharwada Bhoginbhai Hirjibhai V. State of Gujarat, AIR 1983 SC 753 observed, “Rarely will a girl or a woman in India make such false allegations of sexual assault, whether she belongs to the urban or rural society, or, sophisticated, or, not-so sophisticated, or, unsophisticated society. Only very rerely can one conceivably come accross an exception or two and that too possibily from amongst the urban elites. Because:-

And when in the face of these factors the crime is brought to light there is a built in assurance that the charge is genuine rather than fabricated. [289 F-H, 290 A-E] 283 2:4. On principle the evidence of a victim of sexual assault stands on par with evidence of an injured witness.

Just as a witness who has sustained an injury (which is not shown or believed to be self-inflicted) is the best witness in the sense that he is least likely to exculpate the real offender, the evidence of a victim of a sex-offence is entitled to great weight, absence of corroboration notwithstanding......”


State of U.P.  v  Pappu @ Yunus and another, 2005 Cri.L.J. 331

(A)Penal Code (45) of 1860) S.376 Rape – Finding that the prosecutrix was not having good character and was girl of easy virtues – Held, not ground for acquittal of accused.

11. Even assuming that the victim was previously accustomed sexual intercourse, that is not a determinative question. On the contrary, the question which was required to be adjudicated was did the accused commit rape on the victim on the occasion complained of. Even if it is hypothetically accepted that the victim had lost her virginity earlier, it did not and cannot in law give license to any person to rape her. It is the accused who was on trial and not the victim. Even if the victim in a given case has been promiscuous in her sexual behavior earlier, she has a right to refuse to submit herself to sexual intercourse to anyone and everyone because she is not vulnerable object or prey for being sexually assaulted by anyone and everyone.