However, no evidence was led by
the appellant in defence.
A gang-rape case under Sections 376/342/34 of the ode
was registered ... Singh who
are close relatives of the accused of gang-rape case, approached Mrs.
Nirmal Yadav on 116.1999 who had by that time joined
report
(Ext.P-39) to show that a case of gang rape by the six accused persons had
been established beyond reasonable doubt. He further ... respondent
No.5) having sexual intercourse with the prosecutrix, no case of gang rape
under Section 376(2)(g) , IPC, is made
trustworthy evidence of the prosecutrix.
43. The instant is a case of gang rape and the presumption under
Kataria Rishu
2014.07.03 16:18
I attest ... there is no scope of interference as this is a case of gang rape and the
learned trial Court has awarded the minimum sentence provided
Advocate for applicant.
Shri R.N.Yadav, PL for the respondent/State.
Case diary is available. Heard finally.
The applicant apprehends his arrest in connection ... mentioned
in the order under challenge that it is a case of gang rape. No
case with regard to SC & ST Act is made
prosecutrix. The prosecutrix had turned hostile in
a case of gang rape of Police Station Chhawla which shows that she is not a
reliable witness ... believable as she has already turned hostile in a case of
gang rape due to which all the accused in that case were acquitted
accused guilty of gang rape and the said act
having been committed pursuant to the criminal
conspiracy, for having committed gang rape on a
mentally ... action. The Apex Court in this
case also has held and observed that in a case
of gang rape while appreciating the evidence,
Page
report
(Ext.P-39) to show that a case of gang rape by the six accused persons had
been established beyond reasonable doubt. He further ... respondent
No.5) having sexual intercourse with the prosecutrix, no case of gang rape
under Section 376(2)(g) , IPC, is made
case of gang rape and the appellant was
wrongly convicted for the offence of gang rape. In support
of these contentions, he has placed reliance ... common intention with the others,
and therefore it was a case of gang rape. Also it was for the
prosecution to prove that the appellant
medical evidence also shows that it cannot be a
case of gang rape. Prosecutrix was habitual to intercourse as test of two
fingers was found ... fact that it is not a case of rape. Injuries are not
necessary in a case of gang rape in such circumstances. The doctor
petition for the grant of regular bail, in a "Gang rape" case registered
against him along with his other co-accused Devinder ... some delay to register the case by the police
pales into insignificance in such heinous crime of Gang-rape.
6. Meaning thereby, very serious allegations
