rape on the
prosecutrix (PW3). The fact that Harbans Singh alias Bansa (DW1) had
never heard the appellant assaulting his daughter or committing rape ... found in the woman's genitals is not a conclusive proof of rape. Therefore,
in the circumstances when the prosecutrix (PW3) in her deposition
country is on the decline
and cases of molestation and rape are steadily
growing. An Indian woman is now required to
suffer indignities in different ... prosecutrix is
improbable and belies logic.
21. The degree of proof in rape cases is expected to
be of a higher standard. The prosecution
submitted that the medical report was not conclusive
proof of rape since admittedly the incident had taken place 6 months
earlier and it was highly ... lack of any medical
evidence in the form of proof of semenal strains from the swabs taken
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follows:
"9. It is true that in a case of rape the evidence of the
prosecutrix must be given predominant consideration,
but to hold ... prosecution is improbable and belies logic.
The degree of proof in rape cases is expected to be on a higher
side. The prosecution was unable
alleged rape was committed, early in the morning farmers and other persons start going to the fields and question of committing rape when the cremation ... hymen and the presence of the injuries are indicative of the proof of rape upon her.
18. We are not inconsonance with the argument raised
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
follows:
"9. It is true that in a case of rape the evidence of the
prosecutrix must be given predominant
consideration, but to hold ... police did not find any forced entry.
The degree of proof in rape cases is expected to be of a
higher standard. The prosecution
Chemical Examiner's report gives an inkling that even
symptomatic proof of rape was not there. Annexure P.1 is the copy
mental
safety of the victim.
9. To ensure that the victim of rape who becomes pregnant
does not lose time by applying from court ... guardian
also gives consent and there is proof of such pregnancy was
resultant to an offence of rape. This instruction shall also be
circulated
that
the legal proposition with regard to burden of proof in criminal (rape)
cases was considered by the Hon'ble Apex Court in case
