AIR 1987 SUPREME COURT 1080 ::1987 (1) IJR (SC) 353 ::1987 CriAppR(SC) 114 ::1987 CurCriJ 101 ::1987 (2) SCC 27 ::1987 (1) UJ (SC) 492 ::(1987) AllCriC 223 ::1987 SCC(Cri) 249 ::1987 (1) RecCriR 398 ::1987 BLJR 491 ::(1987) ChandCriC 57 ::(1987) 1 Crimes 910 ::1987 (1) Supreme 456 ::(1987) 2 SCWR 62 ::1987 ALLAPPCAS (Cri) 118 ::(1987) SC Cr R 133

Supreme Court Of India

(From : Punjab and Haryana)*

Hon'ble Judge(s): G. L. Oza, M. M. Dutt , JJ

(A) Penal Code (45 of 1860) , S.366, S.376— Rape - Prosecution story that prosecutrix was raped by accused persons one after other - Police disbelieving prosecution story and treating case as cancelled - Medical report supporting version of prosecutrix - Report of Chemical examiner withheld by police - No importance could be given to fact that police was not satisfied with prosecution case. Where the evidence of the prosecutrix that she was raped by accused persons one after the other was supported by the medical report and by the evidence by her father, no importance could be attached to the fact that the police had disbelieved the genuineness of the prosecution story and had treated the case as cancelled more so when the police had withheld from the Court the report of examination by the Chemical examiner of the vaginal swabs of the prosecutrix as to the presence of semen and spermatozoa.(Para 11 12) To suggest that because of enmity of the father of the prosecutrix against the accused, the accused had been falsely implicated is an absurdity.(Para 14) (B) Penal Code (45 of 1860) , S.376— Gang rape - Evidence of prosecutrix that she was raped by accused persons one after other supported by other evidence - Conviction of accused - ....