AIR 2018 SC 5412 ::AIR 2019 SC (Criminal) 280 ::2019 (1) ADR 677 ::AIROnline 2018 SC 389 ::2018 AllMR(CRI) 5377 ::(2019) 1 AllCriLR 139 ::(2018) 192 AllIndCas 27 (SC) ::(2018) 4 Crimes 271 ::2019 (11) SCC 575

Supreme Court Of India

(From: Delhi)*

Hon'ble Judge(s): R. Banumathi, Indira Banerjee , JJ

(A) Penal Code (45 of 1860) , S.376(2)(g)— Evidence Act (1 of 1872) , S.3— (Prior to amendment Act 13 of 2013) - Gang rape - Appreciation of evidence - Prosecutrix allegedly raped by four accused persons at night hours - Testimony of prosecutrix duly corroborated by her mother, MLC report and FSL report showing presence of human semen of blood group of accused on clothes of prosecutrix - Injuries like bruises measuring 4 x 4 cm on both thighs of prosecutrix and her torn blouse is possible by use of force - Absence of external injuries does not tantamount to consent nor does it discredit version of prosecutrix - Inconclusiveness of Serology report due to disintegration of sample does not dilute version of prosecutrix - Accused making false statement regarding manner and time of arrest - Prosecutrix having no motive to falsely implicate accused - Immoral character of prosecutrix does not give right to accused to commit rape on her - Accused liable to be convicted. 2009 (160) DLT 530, Reversed.AIR 1991 SC 207, Rel. on. (Para 13 14 15 17 19 20 22 25) (B) Penal Code (45 of 1860) , S.193, S.195, S.211— Evidence Act (1 of 1872) , S.3— Fa....