Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 376, 354, 457 & 511---Rape, assault or criminal force to woman with intent to outrage her modesty, lurking house trespass or house breaking by night in order to commit offence punishable with imprisonment, attempted to commit offence punishable with imprisonment---Appreciation of evidence---Benefit of doubt---Prosecution case was that accused jumped into the house of complainant with ill-intent and attempted to take away his wife---Wife of complainant raised noise and all the members of the family got up and caught hold of the accused, gave beat to him but he rescued himself and ran away---Ocular account was furnished by witnesses including complainant and his wife---Trial Court acquitted the accused of the charge of attempting to commit rape---Site-plan showed that house of complainant did not have any outer-gate fixed in its four-wall and there were three inlets, one located southwards and two northwards, no wall on its eastern side, which opened in the land of some other person; in such a situation, when entry in the house of the complainant was not obstructed by any gate or door, the allegation that accused jumped over its wall to enter therein was a bald allegation---Mode of occurrence as narrated by the eye-witnesses and the victim-lady gave a preposterous look---All the members of the house slept at the same place and effort by the accused to awake victim-lady for taking her to some other place for rape was an act which could not be believed---FIR showed that inmates had overpowered and tortured the accused, but he managed to escape---Witnesses had changed the stance in their testimonies and deposed that they made attempt to catch him but failed---Said witnesses deposed that accused had attempted to catch the victim-lady so as to forcibly outrage her, but could not do so---Testimonies rendered by the witnesses of ocular account were contradictory inter-se and lacked natural touch of believability---Evidence of said witnesses lacked basic element of credence and they had not turned out to be the truthful witnesses---Circumstances established that prosecution had failed to prove its case beyond any shadow of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492