Farhan vs State & Anr on 11 May, 2022
Author: Rajiv Shakdher
Bench: Rajiv Shakdher
established from the statement of Dr. Sanjana Robinson
(PW-9) that forcefully intercourse was done with the
prosecutrix. The FSL report also indicates presence ... found stable on the point that
she was subjected to forceful intercourse by the appellant,
however, the conduct of prosecutrix while traveling with the
appellant
intercoursing me, Sajal had telephoned Chandan,
hence, Chandan came into the room and in presence of Sajal, Chandan,
Karan had intercoursed me by force ... four have by beating and slapping me and by applying
force have intercoursed me one by one and have since injured me
breast, shoulder, backside
testimonies
about the fact that either she was forced or seduced to illicit
intercourse or knowing it likely that she would be forced or seduced ... with any person against her will or she was forced or seduced
to illicit intercourse, was found in the testimonies of the victim girl
that the tenderness and odema to vagina might be trial of forceful
intercourse. In the cross-examination, she deposed that she had taken
history ... opined that there might be trial of forceful
intercourse. Her evidence in cross-examination that her opinion is not
conclusive, will be of no help
shouting. The Appellant removed
her clothes, also his clothes and committed forceful intercourse with
her. The Victim experienced pain in her private part. The Appellant ... tree and it was 01:00 pm. Again the
Appellant committed forceful intercourse with her and she suffered
pains to her private part. Thereafter, while
gagged her mouth, forcibly took her to nearby bushes and
committed forceful sexual intercourse with her. At the time of
incident, mother of the prosecutrix ... conclusion that on
the date of incident, appellant committed forceful sexual intercourse
with prosecutrix, who was a member belonging to Scheduled Tribe
community
deceased Noorjaha, used criminal
force with intent to disrobing her, sexually
assaulted on deceased Parveen, forcibly committed
sexual intercourse on deceased Parveen and caused
::: Uploaded ... said
the opinion expressed by the autopsy surgeon that
there was forceful intercourse with Parveen had no
base at all. Thus the Judge
undressed and committed intercourse on "three occasions". For
such forceful intercourse, she became senseless. When she
regained her sense, the appellant asked ... victim did not categorically state that the
victim was subjected to forceful intercourse but her hymen was
found torn and PW-12 has stated
certificate are not sufficient to hold that the
accused committed sexual intercourse forcefully on the victim since there
was no mark of resistance or violence ... medical evidence involved in this case does not suggest any
forceful intercourse on the victim.
22. It is pertinent to note that when