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with the prosecutrix against her wishes. As per prosecutrix, she asked the accused to perform marriage first but her request was ignored by the accused, who thereafter committed forcible intercourse by laying mattress on the floor of the room. Prosecutrix deposed before the court below that accused committed intercourse first time by using condom and thereafter, second time without condom. As per prosecutrix, accused used brown colored towel to clean his private part. She further deposed that after 3-4 hours, accused took her in a private taxi to the house of his god sister Minakshi PW8 at Indernagar, Dhalli Shimla. Accused told his god-sister that he and his girl friend (prosecutrix) are going to perform marriage and as such, she allowed them to stay in her house. She deposed that in the house of Minakshi, accused again committed rape with her 3-4 times on the mattress, which was lying on the ground in the room. She also stated that accused used one white colour muffler to clean the private parts. On 15.6.2013, prosecutrix again requested the accused to perform marriage, but he on one pretext or the other refused and thereafter, at about 2:00 pm, parents of the accused i.e. accused Sikander Khimta and Sunita Khimta, came to the house of Minakshi, to whom prosecutrix disclosed that accused brought her to Shimla to perform marriage. Mother of the accused Sunita Khimta slapped the prosecutrix and allowed accused to run away from there, whereafter accused Sikandar Khimta asked prosecutrix to go home and not to disclose

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concocted one. Interestingly, if the statement of PW8 Minakshi is read in its entirety, it reveals that PW8 Minakshi, Prosecutrix and the accused took bath in the room of PW25 Atul and thereafter, they found nothing to eat in the .

room of Atul (PW25) and as such, PW8 Minakshi took the prosecutrix and accused to her room at Indernagar. She further stated that Atul (PW25) left the room and she alongwith prosecutrix and Vicky came to her room. Since PW8 Minakshi remained throughout with the prosecutrix and accused at the room of Atul (PW25), story put forth by the prosecutrix with regard to the forcible sexual intercourse committed by the accused in the room of Atul (PW25), appears to be highly improbable and could not be believed. There is no mention, if any, about use of condom by the accused while making sexual intercourse with the prosecutrix in her initial statement i.e. complaint PW2/A and her statement made under Section 164 Cr.PC (Mark B), whereas in her deposition made before the Court, she claimed that accused for the first time committed sexual intercourse by using condom and thereafter, second time without condom. Similarly, there is no mention, if any, of use of brown coloured towel by the accused for cleaning his private part in his statement made under Sections 154 and 164 CrPC, whereas in her statement made before the Court, she claimed that accused used brown coloured towel to clean his private part. Though, prosecutrix deposed that accused committed sexual intercourse with her without her consent forcibly and she had requested the accused to first perform marriage, but accused ignoring her request forcibly committed sexual intercourse by laying mattress on the floor of the room, but she admitted in her cross-examination that there are so many

Exhibit-3 (FTA, Pooja Stata)

2. Used Condom:

Ex. PW-1/A, seizure memo of articles from the residence of Atul Kumar, on 17 June, 2013 Condom:
Used condom-subsequently sealed by police in a match box Ex.PX, FSL Report:
Result (3) Human semen was detected on:
Exhibit-7 (condom) Blood was not detected on these exhibits.
Ext PZ-FSL-DNA:
Report:
Conclusion:
iv) Exhibit-7 (Condom) yielded highly degraded DNA from which a partial and mixed DNA profile was obtained, from which nothing specific could be inferred.

3 FTA i.e. prosecutrix.

27. Allegedly, police had recovered one used condom Ext.PW1/A vide seizure memo of articles from the residence of Atul Kumar (PW25) on 17.6.2013, which was allegedly used by accused while committing sexual intercourse with the victim, however it has been categorically opined by the FSL that though Ext.7 (condom) yielded highly degraded DNA from which, a

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partial and mixed DNA profile was obtained, from which nothing specific could be inferred.