Penal Code (45 of 1860), Ss.363, 376-Kidnapping and
Rape-Proof-Age of prosecurtrix-Determination-Allegations that
accused came to house of prosecurtrix ... admissible in evidence.
Penal Code (45 of 1860), S-376-Rape-Proof-School
certificate showing prosecurtrix below 16 years of age-Said
certificate which
held that:
"(C)- Penal Code (45 of 1860), S.375-Rape-Proof-
Non-examination of material witnesses- Effect- Prosecutrix ... prosecution".
"(D)- Penal Code (45 of 1860), S.375-Rape-Proof-Medico Legal
examination of prosecutrix by doctor-Clearly shown that
prosecutrix
evidence. Therefore, learned Public Prosecutor
submitted that, the accused herein had committed rape on the
victim girl and taking into consideration of suggestion ... decision it is observed that:
"Sec.376-Rape-Proof-Allegations that accused forcibly
took prosecutrix to various places and thereafter to his
house
Penal Code (45 of 1860), Ss. 363, 376-Kidnaping and
Rape-Proof-Age of prosecurtrix-Determination-Allegations that
accused came to house of prosecurtrix
bail.
Learned Panel Lawyer opposing the submissions stated that for
the proof of rape , corroboration from the FSL report is not mandatory
and only
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
victim but that is not the conclusive proof of occurrence
of committing rape against the victim by the appellant as the victim
in her cross ... private part, in my considered opinion, is not conclusive
proof of committing rape against the victim in view of the
aforesaid statement of victim about
applicant that as
per the medical report, there is no proof of rape and in those
circumstances, this belated report has been lodged implicating
rape and penetrative sexual intercourse. Ultimately, what is
required in the case of rape is not rigid proof of mathematical
precision, but proof beyond reasonable
