2009 19/4
"Penal Code (45 of 1860), S. 376RapeProof
Accused allegedly took prosecturix, a maid
servant to another room and forcibly ... held
that:
"Penal Code (45 of 1860), S. 376 - Rape - Proof
Prosecutrix alleging that accused clandestinely
entered into her house in absence
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
course of
time, a medical witness must leave the proof
of rape to other evidence. The absence of
marks of violence on the genitals
connect
him with the offence of rape.
The absence of the smegma is not necessarily a conclusive
proof of the fact of recent cohabitation ... been held as under:
" S. 375 - Rape - Proof - Accused alleged to
have kidnapped prosecutrix and committed
rape on her - Concurrent finding that
prosecutrix
actions. It is very strange that despite the accused
committing rape upon her in her own room, she did not raise any voice ... been held that:
"Penal Code (45 of 1860), S. 375 - Rape - Proof - Accused alleged
to have kidnapped prosecutrix and committed rape on her - Concurrent
Delhi High court
where it was held that
' Section 376- Rape- Proof of age- Age of prosecutrix 13 years as
per school leaving certificate ... dated 30.1.1989 Delhi High court where it was
held that .
' Rape and abduction- question of age of prosecutrix- Age
recorded in school record
Penal Code (45 of 1860) Ss. 366 376, Rape on
minor girl - Proof of age School Certificate not a
conclusive evidence and ossification test ... wherein :
"Penal Code (45 of 1860) Ss. 366 376, Rape on
minor girl - Proof of age School Certificate not a
conclusive evidence and ossification
further deposed in her crossexamination that
she has the proof of rape by way of her medical evidence which was
conducted
discrepancies. The sole
testimony of the prosecutrix is sufficient in rape cases. Degree of proof
required need not to be higher than is expected from ... slightest penetration is sufficient to constitute the sexual intercourse fro
proof of "rape")
Requirement of wrongful restraint of Section 342 read with Section
prosecutrix also deposed that as soon as
accused after committing rape on her went out from her
house, the wife of his landlord Smt. Poonam ... evidence of rape. She admitted that there was no
conclusive proof of rape during the course of medical
examination of the prosecutrix. In cross examination
