Law: Penal Code (XLV of 1860)

Section: 376(2)

(a) Penal Code (XLV of 1860)--- ----S. 376(2)---Gang rape---Reappraisal of evidence---Complainant/ victim while appearing before the trial court deposed each and every detail of the gruesome act committed on her, and her testimony could not be shaken as to any material part of the occurrence stated by her---Suggestions in cross-examination relating to her alleged immoral character were strongly denied by her, and in any case, the questions targeting her character had no relevance to the matter on trial, i.e., the commission of rape on her---Complainant being an educated lady, had no reason to falsely implicate the accused persons, and that too with a such self-deprecating allegation that would tarnish her honour and dignity---Prosecution witness, with whom the complainant was travelling, at the time of the incident deposed how he and the complainant, were interrupted by the accused persons and how the complainant was taken away by them on the day of occurrence---Said statement, fully corroborated the version of the complainant as to her forcible taking away by the accused persons---Testimony of the complainant as to commission of rape on her on the day of occurrence was supported by the medical evidence, i.e., the medico-legal report and the statement of the doctor who examined the complainant---Potency test of the accused persons was also positive, and their involvement in commission of the offence was corroborated by the DNA test report---Prosecution had thus proved its case against the accused persons beyond reasonable doubt---Convictions recorded against the accused persons were upheld, and their sentences of imprisonment for life, as modified by the High Court, were also maintained---Appeal to the extent of accused persons was dismissed. (b) Penal Code (XLV of 1860)--- ----S. 376---Rape---Reappraisal of evidence---Testimony of victim---Sufficient for conviction---Rape was a crime that was usually committed in private, and there was hardly any witness to provide direct evidence of having seen the commission of crime by the accused person---Courts, therefore, did not insist upon producing direct evidence to corroborate the testimony of the victim if the same…

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