followed).
36. In a case of gang rape, the clinching proof of completed
act of rape by each one of the accused on the victim ... proof of common
intention of the group of persons which would be of more than
one, to commit the offence of rape, actual
depth of penetration is immaterial.
31. As regards the proof of offence of "rape" under Section 376
of the IPC it is seldom ... duty of the prosecution to prove this essential
part of the proof of rape that there should have been not only an
assault but actual
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
make out an offence of rape
and the depth of penetration is immaterial.
13. As regards the proof of offence under Section ... raped woman. It is an essential part of the proof of
rape that there should have been not only an assault but actual
penetration
girl demonstrates that accused took her to the bamboo grove and committed rape and
she was crying. Thereafter, on the false promise of marrying ... offer by the victim the very first violation itself is conclusive proof of rape
irrespective of any commission of subsequent rape. The victim girl admittedly
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
them. Torn hymen is not a definite proof of rape or sexual
intercourse. It has to be considered alongwith the other evidence
on record
that
the legal proposition with regard to burden of proof in criminal (rape)
cases was considered by the Hon'ble Apex Court in case
accused has
been framed. Only a charge of rape is framed and to decide such charge, proof of sending obscene messages
by the accused ... mail ID and further business proof of Pawan Bansal is
going to corroborate her version of commission of rape by the accused. So keeping
that
the legal proposition with regard to burden of proof in criminal (rape)
cases was considered by the Hon'ble Apex Court in case
