police and in her statement
before the Magistrate that while committing forceful intercourse upon her, the
accused Nitul had used a condom.
She stated that ... statement
under Section 164 Cr.PC that while committing forceful intercourse upon her, the
accused Nitul had used a condom.
He stated that
appellant, was found guilty of commission of
offence of having sexual intercourse forcefully with 'Z', his minor daughter,
which constitutes the offence under ... victim had
informed her that the appellant repeatedly did sexual intercourse forcefully in
their house at Bangti and thereafter, she was brought to Jorhat
stated that she did not find any evidence of recent sexual forceful
intercourse on the person of the victim. Therefore, there is clearly no medical
This witness has stated that such old tear occurs because of forceful intercourse.
The doctor has also stated that the old tear
Further, it is
opined that there was no sign of forceful sexual intercourse.
As regards the age of the victim R on the basis ... below 15 years and there is no sign of recent forced sexual
intercourse. The victim was examined on the very next day of
the occurrence
thereafter, both the accused persons removed her wearing
apparels and committed forceful sexual intercourse with her. P.W.1 testified that the
accused ... reply, the prosecutrix stated that the accused persons had
forceful sexual intercourse with her inside her house after breaking open the bamboo
wall
force and also threatened her not to
disclose anything to her mother. She further stated that as a result of the
forceful sexual intercourse ... examination. As per her
opinion, there was no recent forceful sexual intercourse and as per radiological
test, the age of the victim
house and had committed rape
on her having forceful intercourse with her. But, she did not state anything in
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regards ... prosecutrix it is seen that no force was applied while she was going with the
accused. However, it is alleged that she went with
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 ... knowing
that it is likely that she will be, forced or seduced to illicit intercourse with another
person shall be punishable as aforesaid
house of
Nandeswar Tayung (PW.4) and the victim complained about forceful sexual intercourse
committed by the accused with her, before her mother ... less than 17
years of age.
Opinion:- There is evidence of forceful sexual intercourse.
Exhibit-2 is the medical report
