increase in the number of sex-violation cases
in the recent past, particularly cases of
molestation and rape in custody, to remove the
notion ... while evaluating
evidence, remain alive to the fact that in a case of
.
rape, no self-respecting woman would come
forward in a court just
increase in the number of sex-violation cases
in the recent past, particularly cases of
molestation and rape in custody, to remove the
notion ... while evaluating
evidence, remain alive to the fact that in a case of
.
rape, no self-respecting woman would come
forward in a court just
Order of sentence As per the final order
JUDGMENT
This is case against the accused for the offences
punishable under Section ... Crime No.
101/2012.
2. The brief facts of the prosecution case are as under:
The victim-girl was residing in house
this case by the police. As per accused, the prosecutrix is habitual in
filing false cases against him. The present case was filed with ulterior ... registered six FIRs of rape, wrongful
confinement, theft etc against him and he has been acquitted in two
rape cases lodged
rape nor it can be construed as evidence of rape. Besides, I am conscious of the fact that in a matter of rape the statement ... that the prosecution has to prove its case beyond reasonable doubt, applies equally to a case of rape and there can be no presumption that
does
not absolve the prosecution to prove its case beyond reasonable doubt. In a
case of rape, the onus is always on the prosecution ... that the prosecution has to prove its case
beyond reasonable doubt applies equally to a case
of rape and there could be no presumption that
resistances from
the prosecutrix, the offence of rape is not proved.
Generally in a rape Case there must be marks on
both side ... factors sufficient to
doubt the prosecution case. The learned trial Court even assumed
that in a case of rape, there has to be injury marks
Apex Court while reiterating that in a rape
case, the accused could be convicted on the sole testimony of prosecutrix
if it is capable ... that the prosecution has to prove its case
beyond reasonable doubt applies equally to a case
of rape and there could be no presumption that
that the prosecution has to prove its case
beyond reasonable doubt applies equally to a case of
rape and there could be no presumption that ... Apex Court while reiterating that in a rape
case, the accused could be convicted on the sole testimony of the
prosecutrix if it is capable
police station.
13. lt is apt to mention here that in rape cases the delay in filing the F.I.R. by the prosecutrix ... that the prosecution has to prove its case beyond reasonable doubt applies equally to a case of rape and there can be no presumption that
