other valid
aspects. Therefore, the legislature has consciously avoided using the word
rape in the context of spousal relationships, not to protect the spouse ... provision. Critically, the judiciary cannot treat
such disagreements with policy as proof of unconstitutionality. The
decisions of the legislature must be preserved and defended
course of time, a medical
witness must leave the proof of rape to other evidence. The absence of
marks of violence on the genitals
medical evidence had come to conclusion that it was a case of rape of one and a
half year child at the hands of appellant ... medical evidence
placed on record was not admissible as a proof of rape. I think all these pleas
raised by the appellant must fail
prosecutrix narrated the history of being kidnapped and raped by the
accused Suresh.
During investigation the proof of age of the girl was collected
this assumption is not correct (Zsuzanna Adler, Rape on Trial). According to them the concept of rape is now popularly understood to include behavior other ... rape On Trial, ibid.) for example, cites as an illustration the frequent use of terms such as "oral rape" and "homosexual rape
charge for rape, in the
backdrop of the circumstance that as per the prosecution,
feeling ashamed by her being gang raped and feeling
dejected ... discuss the applicability of Section 32 (1) for the proof of the
deceased being raped through the medium of her statement
made to various persons
raped the little girl. This
contention of the learned counsel cannot be accepted. The burden to
prove that the child girl was raped ... accused had
raped the girl child was on the prosecution. Suspicion, however, strong
cannot take the place of the proof beyond reasonable doubt. Neither
Shree Bhagwan vs State on 8 March, 2018
Author: C. Hari Shankar
Bench: S.P
pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute ... foetus preserved for conducting DNA test as a proof of her having been raped by the accused both the Courts below were not justified. Since
Section 164 of the
Code of Criminal Procedure, 1973 the accused committed rape
forcibly on the prosecutrix and left her at the corner ... could not get inside the jail as
she did not have any proof and she could not enter. The accused i.e.
appellant herein also