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
likely that she will be forced or seduced to illicit
intercourse; (4) such intercourse must be with a person other
than the accused; (5) that ... accused of her own will
and that she was not forced to sexual intercourse with any person
other than the accused. The admitted case
offence of kidnapping with
intention that the woman may be forced to illicit intercourse.
Even for such offence, the punishment prescribed is of 10 years ... likely that she will be forced or seduced to illicit
intercourse; (4) such intercourse must be with a person other
than the accused; (5) that
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
there to Lillore (A.P.), kept her in captivity and
committed forceful intercourse with her. Later on, she had been taken to
Rakhoti (Gujrat ... rented room for a period of four
months and committed forceful intercourse. It is also alleged that on
14/02/2019 applicant has left
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
consensual sexual
relationship has been projected as a case of forceful sexual intercourse
under threat.
37.Now having held that the case ... forceful sexual intercourse under
threat, this Court has to analyse whether the Prosecution has proved that the
victim/ Prosecutrix was aged below 16 years
there to Lillore
(A.P.), kept her in captivity and committed forceful intercourse with her. Later on, she
had been taken to Rakhoti (Gujrat ... rented room for a period of
four months and committed forceful intercourse. It is also alleged that on 14/02/2019
applicant has left
District Raisen, the applicant entered
the house of prosecutrix and committed forceful intercourse
with her and threatened that if she narrated the incidence ... years old mature lady. The allegation of
committing forceful intercourse are there, but the prosecutrix
have lodged no report of the incidence for many days
house, applicant entered
into her house and committed forceful intercourse with her and has taken
some videos and photographs of the prosecutrix in objectionable conditions
