evidence to prove the charge of rape. In order to prove rape, the prosecution makes reliance only on the evidence of P.W.1. According ... with her.
44. Normally when a woman is raped under sedation, such rape can be proved by circumstantial evidence. One such very strong circumstance
private part were not so violent and grievous so as to prove rape by all the accused persons on her. It has been established beyond ... Anil Lakra raped her first and again the said accused raped her last. The totality of evidence including the medical evidence clearly proves that leader
held that since offence of rape was proved and prosecution version was relied on in view of supporting circumstantial evidence and Section ... offence of rape against appellant No.2 beyond reasonable doubt.
61. Since the rape in this case could not be proved beyond reasonable doubt therefore
there is no question
of thinking about gang rape having been committed. If
rape is proved, such fact is to be thought as to which ... played what role in the gang rape. But,
when facts of rape are not undoubtedly proved, there is
no question of gang rape, and therefore
satisfactorily
established its case that the respondent committed rape on
PW. 13 by proving all the necessary ingredients required to
make out an offence ... question that arises for our
consideration is whether the proved facts establish the
offence of rape or only attempt to commit rape. Before the
High
Ankush Maruti Shinde . vs State Of Maharashtra on 5 March, 2019
Equivalent citations: AIR 2019
accused had similar stains is not by itself conclusive to prove the case of rape and is quite consistent with the appellants having had intercourse ... position, it appears, was that the seizures by themselves did not prove rape, but in fact they did not exclude the possibility of the sexual
This
would sufficiently indicate that she had been subjected to rape.
Penetration itself proves the offence of rape, but the contrary is not true ... Penal Code. Therefore, the basic ingredients for
proving a charge of rape are the accomplishment of the act
with force. The other important ingredient
consent part of the woman only when
the offence of rape is proved but it also impliedly would be applicable in
a matter of this ... relating
merely to consent in a case where the offence of rape is proved by other
evidence on record. If this view of the matter
raped before done to death or that rape was committed by the accused. The rape theory has remained unsubstantiated. Prosecution failed to prove the commission ... before strangulation she was raped. Hence the theory of her being subjected to rape before death has not been proved by the prosecution
