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
injury was found on the body of the victim nor any proof of rape has been found in medical examination; statement of victim is contradictory
appreciate facts and law placed upon record. There was no proof of rape with victim nor it was medically corroborated. First Information Report was delayed
after both the accused had raped her, whereas witness Ishwar has stated that he saw the appellant Vinish raping the victim. PW-4 Ishwar ... body of the victim, but the injuries are not conclusive proof of rape. In Radhu vs State of Madhya Pradesh
That witness has not offered a materially consistent or credible proof - either of the names of the accused persons or their identification or their role ... assailants who barged into his house/shelter and committed gang rape on 'S-1', one after the other. In that he first narrated
erred in law by convicting the appellants for the heinous offence of rape solely on the strength of the extra judicial confession and the recovery ... steel 'Kundal', does not and it cannot lead to proof of rape or murder of 'K'.
52. In absence of disclosure
following has been observed :
"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
appreciate facts and law placed upon record. There was no proof of rape with victim nor it was medically corroborated. First Information Report was delayed ... Hence, there was no proof beyond reasonable doubt for those offences against convict-appellant Sharif too. Regarding offence of rape, there is material contradiction, exaggeration
hymen is found intact, the same is not sufficient to established that rape has not been committed. In this regard he relied upon judgement ... other part of body of prosecutrix is also not a conclusive proof that rape has not been committed.
On the basis of aforesaid submissions
years. It has also been submitted that in the medical report, proof of rape is not there. Learned counsel for the applicant further submitted that
