It is also held that since there are allegations of repeated acts of rape, proof of more than one instance of rape would result in the commission of 376(2)(n) IPC, which being a distinct offence, each of the single instances of rape can be tried along with the distinct offence of 376(2)(n) IPC, under sec. 220(4) of Cr.P.C.
Rape Case acquittal -Trial Court and the High Court have convicted the accused merely on conjectures and surmises. The Courts have come to the conclusion based on assumptions and not on legally acceptable evidence, but such assumptions were not well founded, inasmuch as such assumptions are not corroborated by any reliable evidence. Medical evidence does not support the case of the prosecution relating to offence of rape.
Sections 376 and 450 of the IPC-It cannot be disputed that there can be a conviction solely based on the evidence of the prosecutrix. However, the evidence must be reliable and trustworthy. Therefore, now let us examine the evidence of the prosecutrix and consider whether in the facts and circumstances of the case is it safe to convict the accused solely based on the deposition of the prosecutrix, more particularly when neither the medical report/evidence supports nor other witnesses support and it has come on record that there was an enmity between both the parties.
Quick consideration of mercy petition and swift rejection the same cannot be ground for judicial review: SC on rejecting a petition by Nirbhya Rape-Murder Accused
Mukesh Kumar vs UOI-Article 32 of the Constitution-a death-row convict -The petitioner has filed the writ petition challenging the rejection of his mercy petition by the President of India and seeking commutation of his death sentence inter alia on the following grounds
RAPE-The attempt to commit an offence begins when the accused commences to do an act with the necessary intention. In the present case, the accused appellant pounced upon the complainant victim, sat upon her and lifted her petticoat while the complainant victim protested against his advancements and wept.
District and Sessions Court, Pathankot Case Details Case Type: SC – SESSIONS CASES Filing Number: 815/2018Filing Date: 30-05-2018 Registration Number: 34/2018Registration Date: 30-05-2018 CNR Number: PBPO01-001505-2018 Case Status First Hearing Date: 30th May 2018 Decision Date: 10th June […]
15.10.2018-Justice Raja Vijayaraghavan of the Kerala High Court on Monday granted bail [Bail Appl./6927/2018-BISHOP DR. FRANCO MULAKKAL Versus STATE OF KERALA] to Roman Catholic Bishop Franco Mulakkal, arrested over allegations of repeatedly raping and […]
25-04-2014 : There is a pressing need to introduce drastic amendments into the Code of Criminal Procedure in the nature of fast tract procedure for Fast Track Courts when we considered just […]
Admittedly the prosecutrix was already a married lady and, therefore, it was not necessary that some external or internal injuries should have been found on her person. No doubt, it is true […]
Corroboration of testimony of prosecutrix as a condition for judicial reliance is not a requirement of law in Rape trial
A plethora of decisions by this Court as referred to above would show that once the statement of prosecutrix inspires confidence and accepted by the courts as such, conviction can be based only on the solitary evidence of the prosecutrix and no corroboration would be required unless there are compelling reasons which necessitate the courts for corroboration of her statement.