Law: Penal Code (XLV of 1860)

Section: 376

Penal Code (XLV of 1860)--- ----S. 376 ---Rape---Appreciation of evidence---Ocular and medical evidence---Corroboration---Accused was charged for committing rape with the daughter of complainant---Ocular account of the occurrence had been furnished by complainant, victim and a witness---First Information Report of the case was lodged on the same day, wherein the accused was named with specific role---Nothing was available on the record to doubt the authenticity of the FIR---Victim, at the time of incident, was wearing qameez and shalwar and having dopatta---Victim had specifically stated that accused removed her shalwar and committed rape on her---Complainant stated that when they entered the room the accused was busy in committing rape forcibly with his daughter---Victim was lying there in naked condition and blood was oozing out from the vagina---Victim stated that she raised hue and cry---Accused left her in naked position---Victim had been wearing the same shalwar without washing herself immediately after the act, thus, it was quite possible that her clothes were stained with semen---Victim and prosecution witnesses did not have any motive to make a false accusation against the accused, with the charge of rape at the risk of victim's and family honour---Besides, there was no time or occasion to manipulate semen stains on victim's clothes---Clothes of victim were sent for Chemical Analysis and DNA by Lady Medical Officer---Report of the Chemical Examiner showed that her clothes were stained with semen---Semen found on victim's clothes and shalwar of accused was of the group of accused---Observation by Lady Medical Officer during medico-legal examination of victim clearly made out that the victim had been subjected to rape as stated by the victim---Lady Medical Officer stated in her statement that victim was wearing red and yellow qameez shalwar and white printed dopatta, which were blood stained---Multiple reddish abrasions present in pre-hymeneal area, hymen ruptured, posterior fresh, bleeding present were observed---After short span of the incident, medical examination of the victim and accused was conducted and DNA report was positive---Medical evidence…

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