Law:

Section:

Penal Code (XLV of 1860) --------- ----------S. 376 --------- Criminal Procedure Code (V of 1898), Ss. 173 & 561-A --------- Rape --------- Deficient evidence --------- Report of Investigating Officer --------- Magistrate directed Investigating Officer to submit final report under S. 173, Cr.P.C. and declined the report under 'C' class filed by Investigating Officer --------- Validity --------- No witness of incident was available to corroborate allegations levelled by victim --------- Even after regaining her senses, victim neither resisted accused nor raised any hue and cry to attract family members or neighbours for her help --------- Victim also did not raise any protest before her mother-in-law or father-in-law but silently left her house and reached at the house of her father i.e. complainant --------- In entire scenario, husband of victim remained absent and there was no mention about his presence during the night of alleged incident and even in subsequent events which also formed adverse inference --------- In statement recorded under S. 164, Cr.P.C. victim did not mention date of offence and chemical examiner report and final medical report did not support allegations of Zina levelled by victim lady --------- Neither swabs taken were found to be stained with semen nor victim was recently sexually assaulted and even there were no marks of violence on her body --------- Commission of Zina upon victim could not be proved against accused --------- Magistrate was not bound to agree with report submitted by Investigating Officer under S. 173, Cr.P.C. and was empowered to disagree or discard the report submitted by Investigating Officer, however, it was incumbent upon Magistrate to examine all material facts, circumstances and documents placed by Investigating Officer along with report judiciously and there should be sufficient reasons to decline such report --------- Order passed by Magistrate was based on non-appreciation of relevant material which was against the spirit of settled law --------- High Court set aside the order passed by Magistrate having no legal substance --------- Report submitted by Investigating Officer under class 'C' was approved…

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