Criminal, TRIAL

RAPE TRIAL IN INDIA

Law Library

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Pre- Requisition
  1. Rape can be heterosexual or homosexual
  2. The victims can be either a man or a woman.
  3. Rape is not a continuous offence.
  4. Each act of intercourse amounts to a distinct crime.
  5.  The victim can be abused by force, coercion, or deception.
  6. the prosecutrix cannot be compelled to submit to a medical examination
  7. The marital status and children of the accused is irrelevant to the case of rape
  8. In a prosecution for  rape, the birth of a child is conclusively a prior act of unlawful intercourse
  9. The character of the prosecutrix is not a defense.
  10. Impotency can be considered a good defense in a criminal prosecution for rape.
  11. Subsequent marriage of the offender to the victim is not a defense .
  12. To make a victim go through psychiatric examination an accused should provide a compelling reason
False Accusation 
  1. No Rape At all
  2. It was a Consensual sex