Narender Kumar Vs. State (NCT of Delhi)
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Head Note
Indian Penal Code,1860 - Section 376 , The Indian Evidence Act, 1872 - Section 53 , Section 54
Rape - Prosecutrix of easy virtues - Such a woman has a right to protect her dignity and cannot be subjected to rape only for that reason - She has a right to refuse to submit herself to sexual intercourse to anyone and everyone - Further held - Evidence cannot be discarded on that ground alone rather it is to be cautiously appreciated - Under provisions of Section 53, 54 of Evidence Act, unless the character of the prosecutrix itself is in issue, her character is not a relevant factor to be taken into consideration at all.
Indian Penal Code,1860 - Section 376
Rape Case - Once the statement of prosecutrix inspires confidence and is accepted by the court 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 court for corroboration of her statement - Further held - However, if the court finds it difficult to accept the version of the prosecutrix on its face value, it may search for evidence, direct or substantial, which may lend assurance to her testimony.
Indian Penal Code,1860 - Section 376
Rape case - Prosecutrix did not disclose true genisis of crime - Her deposition did not inspire confidence - Accused acquitted giving benefit of doubt.
Topic(s)-
Important Decision(s)- A woman has a right to refuse to submit herself to sexual intercourse to anyone and everyone.