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
accused only. So, it is nothing but proof of
attempt of rape/penetrative sexual assault on her, and not
penetrative sexual assault as defined under ... under Sec.375(a) of IPC. So, it is clear proof of
attempt to rape.
(c) CW14-Dr.M.P.Pradeep Kumar-Assistant Professor
Charge for
kidnapping woman to compel her to marry and for rape-
Sequence of events showing that prosecurtrix
accompanied accused willingly-Father of prosecurtrix
stating ... kidnapping, not
proper.
"Penal Code (45 of 1860), S,.376-Rape-Proof-
Accused alleged to have had sexual intercourse with
prosecurtrix by promising
This in the opinion of the Court is a conclusive
proof of rape and establishes the offence against the
appellant beyond reasonable doubt. Reliance placed
held the appellant guilty. Had
it thought that proof of attempt to rape is
unshakeable the trial Court also ought to have
held him guilty ... POCSO Act having
been proved, the findings of proof of attempt to
rape would also come under the question. However,
this Court finds no reason
found reliable and
trustworthy to come to a findings that she was raped by the
accused Maharam Ali. But there is no evidence to support ... counsel appearing for the
appellant has submitted that there is no proof of rape within
Page 4 of 13
the meaning of Section
gang
rape'. By operation of the deeming provision, a person who has
not actually committed rape is deemed to have committed rape
even ... furtherance of the
common intention has committed rape. Therefore, in a case of
gang rape, the proof of completed act of rape by each
never be in any manner a proof to show the complicity of the accused in the offence of rape as has been observed ... mind that its absence is not always a conclusive proof of committing rape even though it may be an incriminating pointer towards the charge
relationship was consensual one and there is no
medical evidence in proof of rape. As per the medical
examination report, there was genital assault
Shree Bhagwan vs State on 8 March, 2018
Author: C. Hari Shankar
Bench: S.P
