Indian Penal Code, 1860, Section 376 -- Evidence Act, 1872, Ss.8 and 157 - Rape - Appreciation of evidence - Admissibility of evidence - Version of prosecutrix fully supported by `KD' an eye witness and `J' father of the accused to whom incident was narrated by the prosecutrix after the incident - Held that the statements of the father of the prosecutrix and that of `KD'..........
Indian Penal Code, 1860, Section 376 -- Rape - Appreciation of evidence - The report of the Medical Officer reveals simple injuries on the body of the prosecutrix - This clearly corroborates her version because at the time when rape was committed upon her she was made to lie on the ground in the Kotha and even at that time she had tried to push the accused...........
Indian Penal Code, 1860, Section 376 -- Rape - Delayed FIR - Held that delay per se is not sufficient to reject the prosecution case outrightly - Valid explanation had been rendered by prosecutrix and her father for filing report...........
Indian Penal Code, 1860, Section 376 -- Rape - Appreciation of evidence - Adverse inference - Out of several PWs one eye witness and another PW father of the prosecutrix examined by the prosecution - Plea that other PWs neither examined nor any explanation for their non examination has come on record - Held that no adverse inference can be drawn against prosecution - The..........
Indian Penal Code, 1860, Section 376 -- Rape - Doctor who examined the victim found injuries on her private parts which is indicative of the fact that there was recent sexual intercourse - Injuries found on the back of the victim suggest that she was protesting and struggling - Presumption can be drawn that sexual intercourse was committed on her without her consent...........
Indian Penal Code, 1860, Section 376 -- Rape - Corroboration - Evidence of prosecutrix if inspire confidence, must be relied upon without seeking corroboration of her statement - Seeking corroboration to the statement of the victim amounts to adding insult to injury...........
Indian Penal Code, 1860, Section 365, 366, 376, Criminal Procedure Code, 1973, Section 164 -- Abduction and rape - Statement of prosecutrix u/s 164 Cr.P.C. that she was major and went with accused of her own accord - Bail granted...........
Indian Penal Code, 1860, Section 376, 511, 302, Evidence Act, 1872, Section 32 -- Conviction - Based on dying declaration - Dying declaration is unreliable as it suffers from number of infirmities, material witnesses not examined, there are no eye witnesses to the incident - Accused had serious injuries which could not be self inflicted - FIR was lodged late - There are..........
Indian Penal Code, 1860, Section 376 -- Rape - When some sort of injuries are not received by the prosecutrix then the allegation of rape is negatived and it shows that accused had sexual intercourse with prosecutrix on her tacit consent...........
Indian Penal Code, 1860, Section 376 -- Rape - Corroboration is required when prosecutrix is major and habitual to intercourse...........
