Farhan vs State & Anr on 11 May, 2022
Author: Rajiv Shakdher
Bench: Rajiv Shakdher
middle portion of thighs, hymen was ruptured and there
was forceful intercourse within 4 to 6 hours. He further invites our
attention to the contents ... hymen swollen, vaginal
examination not possible and there is sign of forceful intercourse
attempted. He further invites our attention to the CA report and
submits
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
victim, has given
opinion that there was no recent forceful intercourse which is entirely
contra to the evidence of the victim. Further the Investigating Officer ... hymen of the victim was not intact and there was no
forceful intercourse. Further, the victim has completed the age of 14
years
hands and fist and on the
point of knife, committed forceful sexual intercourse with her. Based upon
2
report, offence punishable under Section ... from village of prosecutrix.
There is an allegation of commission of forceful sexual intercourse, but
PW-4/Dr. Pratibha Jain who examined the prosecutrix
contradictory to the medical evidence. Prosecutrix deposed
that the appellant committed forceful intercourse with her, while Dr.
Sarojiniben Patel stated in her MLC report that
been stated by the
appellant/victim respondent no.1 has forcefully
administered the tablet and she was not willing to take the
abortion pill ... where he used force on her. However
she did not in clear words said that respondent no.1
committed forceful intercourse. She further states
thereafter
awaked, that fellow was
present applicant/accused who was doing forcefully intercourse with her. She
pulled him and when she tried to scream
Malahargarh, Kankad for grazing cattle,
appellant Balmukund came there and forcefully committed sexual
intercourse with her and when she tried to make ... then
took her in the shade of Babul tree and forcefully committed
sexual intercourse with her and threatened her, if she tell anyone
about
will, or in
order that she may be forced or seduced to illicit
intercourse, or knowing it to be likely that she will be
forced ... judis
Crl.A.No.336 of 2020
forced or seduced to illicit intercourse with another
person shall be punishable as aforesaid].
Accordingly, for proving