Law: Penal Code (XLV of 1860)

Section: 376

(a) Penal Code (XLV of 1860)--- ----S. 376---Rape---Appreciation of evidence---First Information Report was registered two days after the crime---Delay immaterial---Accused was charged for committing rape with minor daughter of the complainant---Record showed that victim had to be taken to the hospital immediately but she was returned home and then taken back the next day due to legal complications which the mother/complainant was unaware of---High Court observed that in such type of cases, it was not unusual for a mother to give priority to the well being of her daughter over lodging FIR especially as the mother was sick with worry about what had happened to her child and very often was not immediately aware of the legal course to be adopted---Delay in lodging the FIR was not fatal to the prosecution case, in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 376---Rape---Appreciation of evidence---Contradictions in the evidence of witnesses---Scope---Accused was charged for committing rape with the minor daughter of the complainant---Ocular account of the incident had been furnished by victim and complainant---Record showed that in cross-examination, the victim had stated that she did not see the person who put her hand over her mouth and raped her, which contradicted her statement under S. 164, Cr.P.C. given after an explained delay of eight days of the incident---Victim specifically named the accused as closing her mouth and taking her inside the shop where after he committed certain acts against her---Other evidence that the accused raped the victim was hearsay evidence, which was inadmissible---Complainant had stated that she found her daughter bleeding outside the accuseds shop and she lodged the FIR on the basis that her daughter was found outside the appellants shop---Such was hearsay evidence when the mother stated in her evidence that she asked her daughter who had done that to her, she told her mother that she had not seen the accused as someone came from behind---First Information Report lodged two days after the incident mentioned the accused raped her daughter, which was in complete conflict with her evidence---Complainant also stated that no…

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