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
took her to a lonely
place behind Gudha Bandh and committed
forcefully intercourse with her. Again after
some days Vijay came to Hindauli and took ... took her to
Masalpur and in a hotel Vijay committed
forcefully intercourse with her. From Masalpur,
Vijay took her to his village where he also
came to the room where the prosecutrix
was sleeping and committed forceful intercourse with her.
Initially, report was lodged by father of prosecutrix, based
upon ... specific allegation has
been levelled against the applicant of commission of forceful
intercourse with the prosecutrix in the house of his sister,
3
however
prosecutrix could have raised alarm
at the time of committal of forceful intercourse upon her. Of
course, she has tried to state that ... 2002 CAV JUDGMENT
sign of any rape or any forceful intercourse with the
prosecutrix. That being so, charge under Section 376 against
the appellant also
dragged her, he took her to his house
where he committed forcefully intercourse with her and told
her that he will marry with ... never
consented for sexual intercourse and both the appellants have
committed forcefully intercourse with her which is punishable
under Section 376 of the Indian Penal
thereafter he took to Chengi Taluk, Velupuram, Tamilnadu
and had forceful sexual intercourse with her from 8.7.2014 to
23.7.2014 and committed rape. The accused knowing ... Kattigenahalli, Bangalore
and then to Chengi Taluk, Velupuram,
Tamilnadu and had forceful sexual
intercourse with CW2 and thereby the
accused has committed an offence
garden in No. 1 Block, Madan Pur where she had sexually intercourse
forcefully by accused Sunny (20 years) between ... garden in No. 1 Block, Madan Pur where she had sexually intercourse
forcefully by accused Sunny (20 years) between
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
examination-in-chief, this witness opined that:-
"Possibility of forceful sexual intercourse cannot
be ruled out".
Whereas, in her cross-examination ... medical examination. It is correct that
there was no evidence suggesting forceful sexual
intercourse."
The medical examination of the prosecutrix
conducted on 30.04.2016, will
Irfan vs The State Of Madhya Pradesh on 9 September, 2021
Author: Vivek Rusia
Bench
