oral and documentary
evidence placed by the Prosecution in proof of the
Rape committed by the Accused on the deceased, from
the said ... constrained
to hold that nothing can be made out in proof of Rape
committed by the Accused on the deceased resulted in
her suicide. Therefore
Complaint and also Further Statement. The
important proof for alleged Rape and cheating as
required under Sections 376 and 417 IPC is lacking ... 2016
29. Therefore, in the absence of relevant
proof of Rape and Cheating, I am of the opinion that
the Prosecution has failed to prove
Datta, learned PP has quite
emphatically submitted that the offence of rape on the minor
victim has been well established from the victim‟s statement ... guided by the inference drawn by the trial judge. The proof of
rape cannot be the piece of evidence to involve the appellant with
stated
that the victim was raped thrice in series
forcefully. But the victim is silent about such
consecutive rape. Moreover, the vulva of the
vagina ... essential ingredient, even the rapture of hymen
is not material as proof of rape, but from the
description of rape it appears that
husband of PW1.
11.In so far as the proof of the evidence of rape is concerned, as
rightly contended by the Government Advocate ... right perspective and also appreciated the principles of law qua the
proof of rape in the correct approach as outlined by the various
authorities
given to the Accused. Further the Testimony of
Prosecutrix in proof of Kidnap and Rape is
unimpeachable and beyond reproach, conviction cannot
be based ... each other, as no
Trustworthiness of evidence placed in proof of the
allegations of Kidnap, Rape and Aggravated Penetrative
Sexual Assault committed by the Accused
Shatrughna Baban Meshram vs The State Of Maharashtra on 2 November, 2020
Author: Uday Umesh
proof of foundational evidence being led, the onus
gets shifted to accused to prove the contrary in order to discharge the reverse
burden of proof ... particular case. Thus without proof of foundational
evidence in a case of this nature, either of rape or penetrative sexual assault, the
onus to prove
there was evidence suggestive of attempt of rape, nor commission
of rape upon the victim girl. Proof of penetrative sexual assault in terms
of Section ... fairness, it is incumbent upon the prosecuting agency to furnish
something in proof the age of victim girl at the time of occurrence.
Here
board a car which took her
to one room. The victim alleges rape by the accused from 16th to 21st
June. The victim was frequently ... stated that
she did not find any proof with regard to sexual intercourse and rape
having taken place with the victim when cross-examined
