fact, the main issue involved here is whether there was any coitus between accused Sudhangshu and the victim girl and not the termination of pregnancy ... victim girl on 11.09.1997 on an assurance to marry her and such coitus continued day after day for which she became pregnant and the pregnancy
three months and 15 years and 10 months when the first coitus is said to have been done 5-6 months prior ... prosecutrix is clearly made out from the circumstances on record regarding the coitus. The skeleton age opined by the Radiologist has also not been accepted
accordingly opining that the victim has undergone
repeated coitus, with no evidence of recent coitus.
During cross examination witness stated that even
when a forcible ... discloses
that hymen was not intact, there was no evidence of
recent coitus and under such circumstances, the
version of PW-1 is falsified
chief, she testifies with aplomb, qua
the accused holding her to coitus, on the date, and,
at the place, mentioned in the FIR. Also ... accused, upon her meteing
consent, to him qua his holding her to coitus, (i)
and, concomitantly, of, his also rather rearing, the
apposite defence
further stated that during the night,
Om Prakash (convict) indulged in forcible coitus
with her without her consent.
(g) On the next morning, at about ... such, no conclusive finding can be given that she had
any coitus with the convict. Regarding the presence
of human semen on the salwar
respondent/State.
Anoop Chitkara, Judge.
For repeatedly indulging in coitus with his real Bhanji (niece),
the petitioner, who is her Mama (Mother's brother ... committed sexual
intercourse with her. After that he kept on indulging in
coitus with her on numerous occasions. During those days
her Maama (petitioner
capacity to mete consent to the
accused for his holding her to coitus would not perse besides
ipso-facto render the alleged sexual encounter which ... inculpable mens rea
unless evidence surges forth qua the prosecutrix while holding
coitus with the accused hers meteing volitional consent to him.
The meteing
auto-rickshaw. She was kept in a house. He had coitus with her, against
her will. She was kept by the accused in that house ... consent is immaterial as she was not competent to consent for a coitus.
13. Testimonial potency of version of a victim of rape cannot
factory of
Naresh Dixit. Naresh Dixit used to ask her for a coitus. She
never accepted his proposal. On 12.12.05 at about 1.30pm,
Naresh ... Vijay was also working in his factory. He
denied that he had coitus with her on 12.12.05. He further
denied that when Kumari Renu became
Lokesh Mishra vs State Of Nct Of Delhi on 12 March, 2014
Author: Kailash Gambhir
