rape on victim or victims. Prosecution is not
required to prove actual commission of rape by each and
every accused forming group.
11. On proof ... Court held as under:
"14. In cases of gang rape the proof of completed act of
rape by each accused on the victim
rape on victim or victims. Prosecution is not
required to prove actual commission of rape by each and
every accused forming group.
11. On proof ... Court held as under:
"14. In cases of gang rape the proof of completed act of
rape by each accused on the victim
Bhowmick opined that he had not found any
definite proof of rape. P.W.-9 also did not find any foreign body or
injury mark ... conclusion that clinically he had not found
any definite proof of rape.
iii. The Learned Judge also erred in law and in fact
from baid assertions made by the
complainant that all the accused have raped her, there was nothing which
could have led the courts to form ... above judmgment
and in the fact of the present case no proof of rape is there and
inspite of that it has been registered under
from baid assertions made by the
complainant that all the accused have raped her, there was nothing which
could have led the courts to form ... above judmgment
and in the fact of the present case no proof of rape is there and
inspite of that it has been registered under
Bairagya State Upgraded Middle School but the Prosecution has
withheld the documentary proof in regard to her age, whereas as
per Section ... victim was found to be ruptured, it
is not conclusive proof of rape. There may be various reasons for
rupture of hymen.
45. The Court
considered.
Further, in absence of any medical evidence, symptom or no
proof of rape, if proceeding is not quashed then it would be
nothing
following has been observed :
"In cases of gang rape the proof of completed act of rape by each accused on the victim ... necessary that the prosecution should adduce clinching proof of a completed act of rape by each one of the accused on the victim
this opinion, she
gives an opinion that there is an attempt of rape. She also
asserts that the injuries were more than three days ... then, it is evident that her evidence is not a
conclusive proof of rape on her. Further her own
examination-in-chief discloses that accused
stated
that Silas had raped her. In her cross-examination, she stated that accused persons
had raped her one after another. She further stated ... Physical injury is not sine qua non for the proof of rape.
Absence of physical injury, cannot be the sole ground to approach the testimony
