Penal Code (45 of 1860), Ss 366, 376--Kidnapping and
rape Proof Allegations that accused maternal uncle of victim enticed
her and took away with ... been held
that:
"Penal Code (45 of 1860), S. 376 Rape -Proof Accused
allegedly allured prosecutrix to marry him, abducted her and committed
rape
this Court as follows:
"14. In cases of gang rape the proof of completed act
of rape by each accused on the victim ... rape on victim or victims.
Prosecution is not required to prove actual
commission of rape by each and every accused
forming group.
On proof
Apex Court that in cases of gang rape the proof of completed act of rape by each accused on the wictim is not required ... rape on victim or victims. Prosecution is not required to prove actual commission of rape by each and every accused forming group
(11) On proof
Dinesh Shenoy vs The State By Assistant on 29 April, 2015
Author: R.B Budihal
murdered the
deceased. In the absence of any material in proof of rape
even the contents of the alleged confession attributed to
the accused ... Prosecution has failed to produce any reliable
piece of evidence in proof of rape or murder. There is no
corroboration to the alleged extrajudicial confession
held that:
"(C)- Penal Code (45 of 1860), S.375-Rape-Proof-
Non-examination of material witnesses- Effect- Prosecutrix ... prosecution".
"(D)- Penal Code (45 of 1860), S.375-Rape-Proof-Medico Legal
examination of prosecutrix by doctor-Clearly shown that
prosecutrix
Police Station, Bengaluru. Accused No.2 is
alleged to have committed gang rape on P.W-1,
alongwith accused No.3 and juveniles stated in supra ... Apex
Court held :
" Section 375 of I.P.C-FIR-rape-proof-oral
testimony of victims was cogent and
reliable-there was delay
sentence for adequate and special reasons.
14. In cases of gang rape the proof of completed act of rape by each
accused on the victim ... necessary that the prosecution
should adduce clinching proof of a completed act of rape by each one of the
accused on the victim
jurisprudence,
hymen rupture cannot conclusively establish rape as there can be various
reasons for hymen rupture, other than rape. Relevant extract from John. J.
Resse ... Further, the absence of hymen
is not of itself a proof of rape, since this membrane may
have been previously destroyed by supportive inflammation
gang
rape'. By operation of the deeming provision, a person who has
not actually committed rape is deemed to have committed rape
even ... furtherance of the
common intention has committed rape. Therefore, in a case of
gang rape, the proof of completed act of rape by each
