AIROnline 2025 SC 131

Supreme Court Of India

(From : 2010 ALJ (Supp) 269 (ALL))

Hon'ble Judge(s): Sandeep Mehta, Prasanna B. Varale , JJ

(A) Penal Code (45 of 1860) , S.376, S.323— Evidence Act (1 of 1872) , S.3— Rape- Proof - Accused had allegedly committed rape on prosecutrix - Delay in lodging of FIR was sufficiently explained - Absence of injuries on private parts of prosecutrix is not always fatal to case of prosecution - Prosecutrix deposed that accused had overpowered her, pushed her to bed in spite of her resistance and gagged her mouth using a piece of cloth - It was possible that there were no major injury marks - Evidence of prosecutrix was trustworthy and remained unshaken disclosing incident in detail regarding presence and participation of accused in ravishing her - Absence of major injury marks could not be a reason to discard reliable evidence of prosecutrix - Conviction was proper. 2010 ALJ (Supp) 269 (ALL)-AffirmedAIR 1983 SC 753-Relied onAIR 1996 SC 1393-Relied on (Para 10 11 15) (B) Penal Code (45 of 1860) , S.376— Rape - Immoral character of mother of prosecutrix - Whether relevant - Question of conviction of accused for rape of prosecutrix had absolutely no connection with character of mother of prosecutrix - It could not be accepted that alleged immoral character of mother of prosecutrix had any bearing ....