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Head Note

Indian Penal Code,1860  - Section 376

Rape - Acquittal Upheld - Testimony of Prosecutrix - Medical evidence - Statements of the prosecutrix highly inconsistent - Statement made by her to the police has been categorically denied and the statements made by her before the Court seem to be tutored - Prosecutrix did not raise any alarm when the accused tried to kidnap her, seems to be quite unnatural - Testimony of the prosecutrix when read as a whole, is full of discrepancies and does not inspire confidence - As medical report no injury was found on the private parts of the prosecutrix and her hymen was intact - She also stated that there were no signs of recent sexual intercourse as the prosecutrix was not subjected to sexual intercourse during the past seven days from the date of her medical examination - Gaps in the evidences of the prosecutrix and the medical officer make it highly improbable that sexual intercourse took place - It would be erroneous to rely upon such discrepant testimonies and convict the accused -Solitary evidence of the prosecutrix, in absence of any corroboration by the medical evidence, is not of such quality which can be relied upon - Accused- respondent entitled to benefit of doubt - No grounds to interfere with the judgment passed by the High Court.

Topic(s)-Rape - Testimony of Prosecutrix - Acquittal upheld