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Documents citing State Of Orissa vs Damburu Naiko And Anr on 31 March, 1992

Bhanwaria And Ors., Etc. vs State Of Rajasthan And Ors. on 4 August, 1994

In this respect, reliance can be placed on a decision of their lordships of the Supreme Court in State of Orissa v. Damburu Naiko (1992) 2 Crimes 77: (1922 Cri LJ 1537), wherein their lordships of the Supreme Court have held that simply because injuries were not found on the private parts of the ladies, it cannot be said that the sexual intercourse was committed with consent. In this case, as stated above, these two ladies were raped on the soft ground, which has already been cultivated and no stumps of crop sown were there because in the earlier year, when the fields were ploughed, there were no rains and, therefore, no crop was sown and, therefore, the fields were soft. Of course, some thorns may be there and they have caused abrasions but no stumps were there and this is what has been stated by P.W. 4 Mst. Laharaki also.
Rajasthan High Court - Jaipur Cites 25 - Cited by 0 - R R Yadav - Full Document

Kuldip Singh And Anr. vs State Of Punjab on 20 May, 2003

25. Therefore, the appellants having been charge sheeted for the offence under Section 376(2)(g), I.P.C. and the prosecutrix having stated that she did not consent to the sexual intercourse, the Court is to presume that she did not consent. Therefore, I am of the view that the prosecutrix was not a consenting party. Moreover, in the case State of Orissa v. Damburu Naiko, AIR 1992 SC 1161 : (1992 Cri LJ 1537), two respondents before the Hon'ble Supreme Court, were convicted by the lower Courts but were ac quitted by the High Court. Thus the special leave petition by the State. The High Court had acquitted the respondents therein on the ground that the victim identifying the said respondents could not be relied upon as there was no corroboration to her evidence and that when there was a gang rape there could be several injuries on the per son of the victim which were absent. There fore, the victim therein was held by the High Court to be a consenting party. This was set aside by the Hon'ble Supreme Court. It was held that the victim was a simple village girl and she would not leave out her own assail ants and implicate falsely other innocent persons with the allegation that; she was raped by them. Besides, even if corroboration was sought the injuries on her private parts: medical evidence of the doctor and her First Information Report provide such corroboration. Her evidence was accepted as truthful. The case in hand is also of a simple village girl and there to no reason for her to falsely implicate the appellants. As such no fault can be found with the order of the learned trial Court in recording a finding of guilt, which is affirmed.
Punjab-Haryana High Court Cites 11 - Cited by 0 - S S Saron - Full Document
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