• Section 376 IPC Allegation of Showing pistol and committed rape Appeal against Conviction and Sentence Complainant was not examined by the Doctor after the alleged incident – In absence of any medical examination done, the prosecution did not examine any doctor in the trial in support of their case – It was not disputed that similar type of complaints were being made in past by the complainant against other persons also and such complaints were later found false – It was also not disputed that there was enmity between the appellant and the husband of the prosecutrix, due to which their relations were not cordial – It had also come in evidence that the prosecutrix was in habit of implicating all the persons by making wild allegations of such nature against those with whom she or/and her husband were having any kind of disputes – There was no eye witness to the alleged incident and the one, who was cited as witness, i.e., PW­2 was a chance witness on whose testimony, a charge of rape could not be established – So far as PW­1, husband of the complainant, is concerned, he admitted that he was away and returned to village the next day morning of the incident. – There is no evidence adduced by the prosecution to prove the commission of the offence of rape by the appellant on PW­3 and the evidence adduced is not sufficient to prove the case of rape against the appellant – Appeal allowed

GANGA PRASAD vs STATE OF BIHAR CRL-A 526/19 26/09/19 [ Abhay JJ ]

[ SUPREME COURT ]

Regards:
Adv Kuldip singh.

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