Law:

Section:

(a) Criminal Procedure Code (V of 1898)---.--- ---.---S. 497---.---Penal Code (XLV of 1860), Ss. 376, 375, 337-A(i), 506, 34 & 90---.---Rape; Shajjah-i-khafifah; criminal intimidation; common intention---.---Bail, refusal of---.---'Will' and 'consent'---.---Meaning---.---'Against her will'/'without her consent'---.---Interpretation---.---'Consent' known to be given under fear of misconception---.---Effect---.---'Consent' obtained through fraud or deception---.---Effect---.---Positive DNA report based on two months old vaginal swab samples---.---Probative force---.---'Sexual intercourse'---.---Meaning---.---Injury to genitals and semen stains not necessary/mere penetration was sufficient to constitute offence of rape---.---Sole testimony of victim of rape, evidentiary value of---.---Under special provisions of S. 376, P.P.C., 'will' and 'consent' had been differentiated, which meant that even if there was 'will' but no 'consent' or vice versa, offence of rape would be actualized---.--W.ord 'will' implied the faculty of reasoning power of the mind that determined whether or not to do an act---.---First ingredient 'against her will' was related to the psychological state of the victim (as compared to 'without her consent', which referred to actions and performative (enacted as said/commanded))---.---Fine distinction existed between an act done 'against her will' and an act done without consent ('without her consent')---.---Every act done 'against her will' was 'without the consent', but every act 'without her consent' was not 'against her will'---.---Section 376(i), P.P.C. applied where the woman was both in her senses and capable of consenting---.---Expression 'against her will' ordinarily meant that the intercourse was done by a man with a woman despite her resistance and opposition---.---Evidence available on the record showed that the victim was not a consenting party, and the rape had been committed 'against her will'---.---Term 'consent' as used in S. 376(ii), P.P.C. meant 'an act of reason, accompanied with deliberation, the mind weighing in a balance, the good and evil on each side'---.---'Act done with consent' always meant that the act was done with…

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