Majidkhan vs The State Of Karnataka on 18 December, 1992
Equivalent citations: 1993CRILJ907, 1993(1
will not lie and making a false allegation against
the accused by falsely implicating that he has committed
rape on her own daughter ... husband, that cannot be a ground
for falsely implicate the accused in a rape case stating that
some 3rd person committed the rape
find any injury or signs of Rape. When the medical evidence is so clear that rape has not taken place, the learned Sessions Judge ... were no chance of the accused committing rape, as such and the accused has been falsely implicated on account of dispute over the land between
been abducted and raped by the accused. In
the cross-examination, he has denied the suggestion
regarding false implication of the accused in this case ... malicious attempt at the behest of Bhola
Singh to falsely implicate a weak rape victim
and stifle her ability to seek justice.
19. Learned counsel
Banumathi., J, has held:
'In a case of rape, like other criminal cases, onus
is always on the prosecution to prove
affirmatively each ingredients ... rape
case the victim and other witnesses
have falsely implicated the accused. The
prosecution case has to stand on its
own legs and cannot take
able to establish any ulterior motive for the victim to implicate the respondent falsely, the Courts must be slow in accepting such defence. According ... would falsely implicate the appellant and put her own reputation at stake. The opinion of the doctor that no rape appeared to have been committed
appellant and the co-accused to falsely implicate them in the case to say that she was raped, more so, when she was an unmarried ... reason for P.W. 1 or P.W. 2 to falsely implicate either the appellant or the co-accused
trial court has misinterpreted the expert
report. The accused is falsely implicated. Hence
the appellant-accused has prayed for allowing the
appeal.
9. Heard learned ... reasons to
implicate the accused falsely in this case. On re-
appreciation on record, I find that there was
attempt to commit rape, is proved
different
lodges against his will and had threatened to
implicate him in false rape cases, if he refused to
marry her. A Non-Cognizable Offence
death to
her, if she resisted and committed the offence of gang
rape one after another punishable under Section ... statement has proceeded to pass the impugned
13
judgments on the false implication of the accused by the
prosecution. He would further contend that