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
issues that actually arise for consideration are:
(i) Was there forced sexual intercourse by the
accused on P.W.2?
Crl.Appeal.438/2006 ... interference?
12. As regards the question whether there was
forced sexual intercourse or not, the court below seems to
have relied on the version given
learned counsel that the medical certificates also do
not show any forceful intercourse. As there is no material
contradiction and infirmities in the deposition ... does not show that the
victim was subjected to forceful intercourse and no injuries are noted
by PW5 in Ext.P3. As I indicated
allegations in the first
information statement, the petitioner indulged in forceful sexual
intercourse with her that night and physically tortured her when she
resisted ... relationship akin to the relationship of spouses, still the forceful
intercourse committed by the petitioner on two occasions, without the
consent of the de facto
over the lady and separates the thighs, he could have sexual intercourse by force from behind. It is clear from the opinion given ... story of PW-1 that she was. subjected to sexual intercourse from behind by force against her will and consent is not believable or acceptable
Appeal.614/2006.
7
intimidation or there was any forced intercourse against the
resistance or reluctance offered by P.W.1. The only claim
made ... have been
given, or how much force had theretofore been
employed. However, the yielding to overpowering
force, or yielding as a result of being
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 also be punishable as aforesaid
that it was likely that she
would be compelled or forced to illicit intercourse. The
conduct of the accused in demanding her to go along ... knowledge that it would be likely that she
would be forced to illicit intercourse, would be sufficient.
The perusal of the evidence in this case
nobody can come into a conclusion that the accused
had committed forceful sexual intercourse upon the deceased
Sandhya. The medical evidence is absolutely silent
allegation is that the
accused herein subjected the defacto complainant to forceful sexual
intercourse on 27.07.2019 with promise that the accused would marry
her. Thus ... Daya Ram, Bhag Mai and Musammat Mansa
and Musammat Sarasti was forced into marrying Daya
Ram. This act was found to be act of kidnapping
