injury on the
victim's private part-Held, to constitute rape,
penetration, however slight is sufficient- Prosecutrix
subjected to sexual intercourse in a standing ... wherein it is observed that:
"Penal Code-S.376-Rape-Proof-Even slight degree of
penetration is sufficient to constitute offence under
wherein Hon'ble Apex Court held:-
"Kidnapping and rape - Proof - FIR
lodged by mother after 11 days from
date of missing of prosecutrix ... Karnataka has
held that there is no conclusive proof and there is
nothing to show that rape was committed on victim
and that
State of Hariyana, wherein it is held that:
"Section 376-Rape-Evidence of prosecutrix-
Evidentiary value of-What is-Looking into
other evidence-When ... wherein it is held that: " Sections
366 , 375 Abduction and rape-Proof of-
Prosecutrix seventeen years and two months
old-Prosecutrix knew accused from
materials on record to constitute the offence of
rape. Firstly there is no conclusive proof to show her
age under 16 years. In view ... held:-
"Penal Code (45 of 1860), S. 376 - Rape -
Proof - Accused allegedly forcibly took
prosecutrix to agricultural field in
presence of her parents
another) wherein Hon'ble
Apex Court held:-
"Kidnapping and rape - Proof -
Allegation is that the appellant
kidnapped the deceased, a minor girl,
committed ... rape on her and killed her -
Appellant, his uncle and aunt, were
charged with offences punishable under
Sections
after both the accused had raped her, whereas witness Ishwar has stated that he saw the appellant Vinish raping the victim. PW-4 Ishwar ... body of the victim, but the injuries are not conclusive proof of rape. In Radhu vs State of Madhya Pradesh
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
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
settled law that tear
of the hymen is no proof of rape in the absence of any other evidence. Similarly,
the congestion around the hymen
there was no complete penetration but partial
of
penetration or attempt to rape cannot be ruled out. She also stated
that she had not noticed ... cannot
substitute for proof. Therefore, it cannot be concluded beyond
reasonable doubt from the testimony of PW8 that the prosecution
was raped by the accused
