AIROnline 2025 SC 181

Penal Code (45 of 1860) , S.376— Evidence Act (1 of 1872) , S.3, S.118— Rape – Circumstantial evidence – Allegation of committing rape of minor girl – Trial court had recorded that when asked about incident, girl child was silent, and only shed tears – Silence of the child would not accrue to benefit of accused – Absence of evidence of prosecutrix is, not in all cases, a negative to be accounted for in the prosecution case – There was contradiction in statement recorded in FIR and statement made in Court about position of accused found by informant -Said discrepancy was not put to informant so as to get an answer from him in this regard – Doctor’s opinion that cause of injury could be through sexual intercourse or accident and finding that injury on genital organ of accused being possible only due to forceful intercourse with a minor female, pointed to accused having committed offence against prosecutrix – No animosity between accused and father of prosecutrix was established – Acquittal was set aside.
AIROnline 2013 RAJ 34-Reversed

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