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
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
caused even by nails, rubbing of her clothes, scratching or by forceful intercourse etc. In the case of a child when forceful intercourse is attempted ... might have been caused on his male organ on account of forceful intercourse with the prosecutrix on 02.10.1999. In the same way, sufficient time
position to confirm or deny the fact about the
forceful intercourse has taken place or not. Learned advocate
Mr. Majmudar submitted that when the Doctor ... also not
confirmed the fact that whether forceful intercourse has taken
place or not, considering the age of the present applicant, he
should be enlarged
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
prosecutrix, who took her to Baikunth Dham and there he
committed forceful intercourse with her and ran away from the spot, leaving the
prosecutrix ... prosecutrix opined that no opinion can be given with regard to
forceful intercourse with prosecutrix. Applicant is in jail since 17.01.2021
and charge-sheet
forest and when
they went to forest, the appellant committed forceful intercourse.
3. During the course of trial, the appellant abjured his guilt and claimed ... were opened. Therefore, inference can
be drawn had there been any forceful intercourse, the prosecutrix
could have easily objected to it or could have fled
Aman Bharti forcefully took the
prosecutrix with him on motorcycle and went to Camp-1, where applicant
committed forceful intercourse with her. Incident was reported ... Learned counsel for the applicant submits that allegation of commission of
forceful intercourse with prosecutrix is false and frivolous. Applicant and
prosecutrix were having friendly
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
