Dinesh Shenoy vs The State By Assistant on 29 April, 2015
Author: R.B Budihal
they are
waiting for an opportunity and concocted the story of
rape and lodged the complaint on 03.09.2011.
Therefore, they failed to correct the date ... Supreme Court held that :
"Evidence and proof - Rape of a married
woman, a labourer, by another labourer -
Failure of the prosecution to examine
independent
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
sound proof to accept this defence also. It is a settled proposition of law in a case of rape that no corroboration is required ... Hirjibhai v State of Gujarat , has laid down the proposition for proof of rape. It reads as follows:
"Corroboration is not the sine
rape. Therefore, we cannot expect positive medical
evidence in proof of completed act of rape.
16. In the aforestated judgment, the Supreme Court
has held ... possible for
the prosecution to adduce medical evidence in proof of
completed act of rape.
18. The law is fairly well settled, when the children
accused in the
commission of gang rape. Mere use of the expression "rape" by
PW4, without proof of the foundational facts constituting ... would amount to murder.
Section 376-D IPC requires proof that a woman was raped by one
or more persons constituting a group or acting
itself, the Investigating Officer has
clearly mentioned that the accused has committed rape
upon the victim and thereafter falsely assured her of
marrying ... child
born to the victim, but it would not be a proof of rape
Crl.A.No.1386/2017
13
alleged to have been committed
Revanesha @ Ravi vs The State Of Karnataka on 23 July, 2021
Bench: B.Veerappa , V
charges. There
is no evidence whatsoever to prove the charge of rape and
abduction. The facts proved by the prosecution even if
accepted will ... accused. He would submit
that the prosecution has proved every circumstance in
proof of the charges with cogent and convincing evidence.
The fact that
Though the prosecution has not produced
satisfactory evidence in proof of the ingredients of rape
attracting the offence under section 376 Indian Penal Code