evidence to show as
to why he would depose falsely against the appellant in this case and
further there is nothing on record to suggest ... motive for the prosecution party to implicate the appellant falsely
in the present case. On the other hand, the evidence
support of its case.
P.W. 1 is the informant and the victim of the case and has reiterated
the prosecution case. She stated that ... chance of false implication of a person
charge of rape. Section 53A provides for examination of person
accused of rape by Medical Practitioner, if there
accused promise
was not false from its inception. But in the present case we
found that first accused committed rape on victim against
her will ... rape victim be called an accomplice.
Rape leaves a permanent scar on the life of the victim, and
therefore a rape victim is placed
support of its case.
P.W. 1 is the informant and the victim of the case and has reiterated
the prosecution case. She stated that ... chance of false implication of a person
charge of rape. Section 53A provides for examination of person
accused of rape by Medical Practitioner, if there
explain as to how and why
in a rape case the victim and other witnesses have
falsely implicated the accused. The prosecution
case ... married her, as such the false case has been
filed implicating the appellants in this case. Further evidence of P.W.3
shows that there
accused promise was not false from its inception.
But in the present case we found that first accused
committed rape on victim against her will ... trial of
rape case has also to carry in same way having an obligation at the
end of prosecution to support its case beyond reasonable
after investigation and supervision, the police
had found the said case to be false and a report was submitted by
the police under Section ... caste with an
allegation to attempt to commit rape and, during investigation, the
case was found false. In course of inquiry under Section
that rape causes
the greatest distress and humiliation to the victim
but at the same time a false allegation of rape can
cause equal distress ... held
as under:-
"9. It is true that in a case of rape the evidence of
the prosecutrix must be given predominant
consideration
victim of attempt of rape and in that
case one Raushan Kumar, son of the present complainant and another
accused Sushant Kumar, both ... attempt of rape upon petitioner no. 5, hence filed false case in order to
put pressure to them to withdraw the case
like
commission of rape is not expected from him, rather he has been
falsely implicated in this case due to enmity, which will appear from ... aforesaid fact the
petitioner-appellant has been falsely implicated in this case and the
learned court below without any eye witness of the occurrence
