That witness has not offered a materially consistent or credible proof - either of the names of the accused persons or their identification or their role ... assailants who barged into his house/shelter and committed gang rape on 'S-1', one after the other. In that he first narrated
girl who is raped is not an accomplice. Corroboration is not
the sine qua non for conviction in a rape case. The observations of Vivian ... diagnosis of ruptured hymen, while not conclusive proof of rape, is consistent with
penetrative sexual assault. The absence of injuries or non-collection of certain
erred in law by convicting the appellants for the heinous offence of rape solely on the strength of the extra judicial confession and the recovery ... steel 'Kundal', does not and it cannot lead to proof of rape or murder of 'K'.
52. In absence of disclosure
reiterated that in the absence of proof of penetration, the act would not
amount to rape. The relevant paragraph of the judgement is reproduced ... incident. Such
evidence cannot be treated as substantive proof of the commission of rape.
36. Even otherwise, a careful reading of the testimonies
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906 WPCR 26-2025
be admissible as proof of rape would be a matter of trial, and
may not be considered
Majora, Bolva and Forsyte, if evidence was not found, then
the proof of rape cannot be accepted, but this suggestion was rejected by Dr.
Goswami
imperative component of judicial credence in
every case of rape”.
26. The above judgment has been followed in various judgments of
the Supreme Court ... minor contradictions or the contradictions which
are not material for the proof of rape. It is not the contention of the
accused that he never
torn earlier. So
the statement of PW-2 that she was raped by the accused on the 27.07.2017
does not corroborate with the version ... vaginal swab of the victim meaning thereby there is no conclusive proof that
rape was committed by the accused upon the victim
Even though, a MLC report is not considered as a conclusive proof in
rape cases, it is important to highlight that the MLC report
accused in a case of rape. In the present case, not only is there
an allegation of rape against the appellant, but the appellant ... other hand, a
negative test report may not be conclusive proof that rape had not been
committed, which would depend on the facts and circumstances
