Rape or consensual sex ?

Evidence of prosecutrix must be examined – Section 374 I.P.C. – concurrent findings

Excerpts from:Rajesh Patel. Vs. State of Jharkhand.’[Dated : March 15, 2013] [Court:Supreme]

Para 5. the physical relationship between the appellant and the prosecution is established, it was a case of consensual sex. Both of them were majors to enter into such alliance and they were classmates and familiar with each other as well as on visiting terms prior to the alleged occurrence of offence
Para 14: insofar as allegations of rape are concerned, the evidence of a prosecutrix must be examined as that of an injured witness whose presence at the spot is probable but it can never be presumed that her statement should, without exception, be taken as the gospel truth.
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HELD: the benefit of doubt must enure to the appellant. As we have stated above the testimony of the prosecutrix is most unnatural and improbable to believe and therefore it does not inspire confidence for acceptance of the same for sustaining the conviction and sentence. Therefore, we are of the view that the impugned judgment requires to be interfered with by this Court in exercise of its jurisdiction. Accordingly, we allow the appeal and set aside the impugned judgment.
17. If the appellant has executed the bail bonds, the same may be discharged.

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