(A) Penal Code (45 of 1860) , S.376, S.323— Evidence Act (1 of 1872) , S.3— Rape- Proof – Accused had allegedly committed rape on prosecutrix – Delay in lodging of FIR was sufficiently explained – Absence of injuries on private parts of prosecutrix is not always fatal to case of prosecution – Prosecutrix deposed that accused had overpowered her, pushed her to bed in spite of her resistance and gagged her mouth using a piece of cloth – It was possible that there were no major injury marks – Evidence of prosecutrix was trustworthy and remained unshaken disclosing incident in detail regarding presence and participation of accused in ravishing her – Absence of major injury marks could not be a reason to discard reliable evidence of prosecutrix – Conviction was proper.
2010 ALJ (Supp) 269 (ALL)-AffirmedAIR 1983 SC 753-Relied onAIR 1996 SC 1393-Relied on(Paras101115)
(B) Penal Code (45 of 1860) , S.376— Rape – Immoral character of mother of prosecutrix – Whether relevant – Question of conviction of accused for rape of prosecutrix had absolutely no connection with character of mother of prosecutrix – It could not be accepted that alleged immoral character of mother of prosecutrix had any bearing on accused being falsely roped in on the basis of a concocted story by mother of prosecutrix – Said plea was a dire attempt at using it as a license to discredit testimony of prosecutrix and therefore liable to be rejected.