Law: Penal Code (XLV of 1860)

Section: 367-A, 376(iii), 377-B, 164

Law: Juvenile Justice System Act, 2018

Section: 9

(a) Penal Code (XLV of 1860)   Ss. 367-A, 376(iii) & 377-B---Juvenile Justice System Act (XXII of 2018), S. 9---Anti-Rape (Investigation and Trial) Act (XXX of 2021), Sched. II---Rape, unnatural offence---Appreciation of evidence---Juvenile offender---Medical evidence contradicting the ocular account---Accused was charged that he committed rape with the minor daughter of the complainant---In the present case, victim was star witness of the prosecution---In her deposition, victim reiterated her stance as narrated in the crime report and alleged that the appellant had committed rape with her---According to the contents of FIR, the complainant had not seen the appellant while committing rape with his daughter/victim---In his examination-in-chief, complainant endorsed the story narrated in the FIR that at about 03:00 p.m. when he and his wife were sitting in their house, victim on her return from school told them the story of rape committed by the appellant but in his cross-examination, complainant stated otherwise---Complainant stated that on her return, victim firstly told the incident to her mother---Complainant was not present when victim told the incident to her mother---Other witness of the ocular account as mentioned in the FIR was wife of the complainant and mother of the victim but she was given up by the prosecution, therefore, it was found that the testimony of complainant was not direct and had no evidentiary value thus was thrown out of consideration---In the instant case, two Women Medical Officers medically examined the victim---From the perusal of evidence of both the Woman Medical Officers, it seemed that severe dents had been put in the case of prosecution---Said Woman Medical Officers had categorically deposed that after examining the victim girl, they were of the opinion that the victim was not subjected to sexual penetration---Appeal against conviction was allowed, in circumstances.   (b) Criminal trial -Minor victim---Cases of sexual offences---Scope---Testimony of a victim in cases of sexual offences is vital and unless there are compelling reasons which necessitate looking for corroboration of a statement, the Courts should…