Whether the court can acquit accused due to absence of medical evidence if reliable oral evidence is available in the case?

 It is true that unfortunately there is no medical examination as PW3 father of victim, who was an illiterate person hailing from another District, seems to have left with the victim to reach to his native and on the way, he has realized that she was no more alive. Thereafter, he had performed last rituals. Consequently, there is no supportive medical evidence. However, merely absence of medical evidence, is no good ground to discard the direct and ocular evidence of parents coupled with evidence of an independent witness regarding rape. Law does not make it imperative for prosecution to corroborate its case by adducing medical evidence. When direct evidence inspires confidence, case of prosecution can still be accepted. Here is a case of such nature where parents and independent witness, who have seen the incident, have narrated the occurrence while in witness box. Their testimonies have not been rendered doubtful. Hence, even in absence of medical evidence, case of prosecution can safely said to be inspiring confidence and can be readily accepted. {Para 12}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPEAL NO. 673 OF 2002

Bhaulal S/o. Dokraji Reswal Vs  The State of Maharashtra

CORAM : ABHAY S. WAGHWASE, J.

PRONOUNCED ON : 06 MARCH, 2024

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Supreme Court Acquits Husband Of Rape in case of Sex With Minor Wife relying On Exception 2 To Sec 375 IPC

We have perused the evidence of prosecutrix so also the parents of the prosecutrix, namely, Lingappa PW-1 and Muddamma-PW-3. The perusal of their evidences would clearly show that they have not supported the prosecution case. The prosecutrix has specifically denied that she was kidnapped forcibly.{Para 8}

9. Apart from that, the prosecutrix has filed an affidavit stating therein that she is married to the Appellant and that they have also begotten a child out of the said wedlock. It is a specific case of the Appellant that the Appellant had married the prosecutrix and their relationship was consensual.

10. It will be apposite to refer to Exception 2 to Section 375 of the Indian Penal Code which reads thus:

Exception 2- Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.

11. It is thus, clear that the sexual act by the Appellant with the prosecutrix, who are husband and wife, with the latter being above 15 years of age would not amount to rape as per Exception 2 to Section 375 of the Indian Penal Code.

12. From the evidence placed on record, it would be clear that the prosecutrix was above the age of 15 years when the sexual act was alleged to have taken place as a result of which the prosecutrix conceived.

13. In the result, the conviction is not sustainable. 

 IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 295 of 2021

Decided On: 22.02.2023

Siddaruda Vs. The State of Karnataka

Hon'ble Judges/Coram:

B.R. Gavai and Sanjay Karol, JJ.

Citation:  MANU/SC/0506/2023.

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Whether Court can release accused prosecuted for the offence of attempt to rape on default bail on expiry of 60 from the date of the first remand if chargesheet is not filed within that period?

It is true that in Section 376(2) IPC, it is mentioned that

the imprisonment for life means imprisonment for the remainder

of that person's natural life. It is a settled position that

imprisonment for life means imprisonment for the remainder of

that person's natural life. There is no dispute on that. But when

there is a specific provision in the Indian Penal Code which says

that in calculating fractions of terms of punishment,

imprisonment for life shall be reckoned as equivalent to

imprisonment for twenty years we cannot ignore that provision

and interpret that imprisonment for life means imprisonment for

the remainder of that person's natural life even while computing

the detention period under Section 167(2) Cr.P.C. As observed by

the Apex Court the interpretation of the provisions of 167(2)

Cr.PC should be liberal. On a reading of Section 167(2)(a)(ii)

Cr.P.C along with 511 of 376 IPC coupled with Section 57 of the

IPC, it is clear that an accused who is charged for the offence

under Section 511 of 376 IPC can be imprisonment only for a

period of ten years. If that is the case, the petitioner is entitled

statutory bail in this case. Admittedly, 60 days is over after the

first remand of the petitioner. The petitioner was arrested on

19.6.2020. As on today admittedly the final report is not filed.

Therefore, the petitioner is entitled statutory bail under Section

167(2)(a)(ii) Cr.P.C. 

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

 MR. JUSTICE P.V.KUNHIKRISHNAN

Bail Appl..No.4876 OF 2020

CRIME NO.584/2020 

VINESH VISWAMBARAN, Vs STATE OF KERALA

Dated: 18th day of August 2020

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When prosecution for rape charges against husband is liable to be quashed?

SECTION 376B : Sexual intercourse by husband upon
his wife during separation
[Whoever has sexual intercourse with his own wife,
who is living separately, whether under a decree
of separation or otherwise, without her consent,
shall be punished with imprisonment of either description,
for a term which shall not be less than
two years but which may extend to seven years, and
shall also be liable to fine.
5.14 In the present case, unquestionably, there is
no decree of divorce in existence and it is also not
the case of the respondent no.2 that she had stayed
with the applicant against her will or consent when
he took her after the withdrawal of the suit. The
preceding application and her statement before the
Police Inspector, Mahila Police Station establishes
that she had accompanied the applicant willingly

after a compromise was arrived between them. She is
blissfully silent on the aspect of maintaining the
physical relationship against her will. Since there
was no separation and the respondent no.2 on her own
volition went with the applicant and stayed with him
after the settlement, it cannot be said that the
applicant had committed the offence under section
376(B) of the IPC. Having sexual intercourse during
such period of willful cohabitation does not amount
to having entering in physical relationship without
her consent. Thus, the allegations do not satisfy
the ingredients of section 375(B) of the IPC also.
5.15 The conspectus of the foregoing analysis and
observations is that none of the offences as recorded
in the impugned F.I.R. are established. It appears
that the same is filled with oblique motive and for
undue harassment and to wreck vengeance on the
applicant. Hence, the impugned F.I.R. is required to
be quashed and set aside by invoking the inherent
powers of this Court under section 482 of the Code.

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 27669 of 2017

KALPESHPARI HASMUKHPARI GOSWAMI Vs STATE OF GUJARAT

CORAM: MR.JUSTICE A.S. SUPEHIA
Date : 08/01/2019

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Procedure to be followed by doctors and police for conduct of DNA test in Rape case

This is a case where a minor girl allegedly in a relationship with the applicant herein
on the false pretext of marriage is said to have become pregnant by the applicant on
account of which, she committed suicide.
Learned counsel for the applicant states that the applicant has been framed in this
case and that the deceased was in relationship with one Priyanshu, who was a minor.
Learned counsel for the State on the other hand has read out the statements under
Section 161 of the Cr.P.C. of Chandrawati, mother of the deceased and also of Sakshi,
who is friend of the deceased, wherein these witnesses have stated that the applicant
herein had illicit relationship with the deceased on account of which she became
pregnant.
Be that as it may, looking to the facts and circumstances of the case, I am currently
not inclined to allow the instant application for grant of bail to the applicant Raja
Burman @ Rahul under Section 439 of Cr.P.C. and therefore dismiss the same.
It has been seen that in number of cases relating to rape, the most powerful
investigative tool which is available to the police is the DNA test which is seldom
being resorted to. The DNA report can either confirm or exclude the involvement of
the accused. The police is directed that in every case under Section 376 of I.P.C.:-
(a) under which the doctor preparing the MLC of the prosecutrix prepares
vaginal slides and clothing of the prosecutrix, which upon test by the FSL
confirms the presence of human sperm then such slides must then be sentfor DNA verification with the blood sample of the suspect.
(b) where the prosecutrix is rendered pregnant on account of the rape and
if birth takes place, then a DNA verification be sought to ascertain
paternity of the child which will again either confirm or exclude the
suspect. If the foetus is aborted, then the tissue sample of the foetus be
tested alongwith the sample of the suspect to see if they match, and
 (c) in the event of the death of the prosecutrix during pregnancy, then
also procedure enunciated in (b) to be followed.
MADHYA PRADESH HIGH COURT
JABALPUR BENCH
MCRC-6476-2016
(RAJA BURMAN @ RAHU Vs THE STATE OF MADHYA PRADESH)
Dated:04-05-2016

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Whether punishment given to accused for offence U/S 376 of IPC can be reduced on the ground of his poverty?

 The   only   reason   given   by   the   learned
trial   Court   while   imposing   the   punishment
lesser   than   the   minimum   provided   under
Section 376 of the IPC is that the accused is
a poor and has a responsibility to maintain
his   wife   and   children.   The   aforesaid   can
hardly be said to be a cogent reason and/or
special circumstances/case while awarding the
punishment   less   than   the   minimum   provided
under Section 376 of the IPC. As observed by
the   Hon’ble   Supreme   Court   in   the   catena   of
decisions   and   as   observed   hereinabove   the
offence of rape is a heinous crime not only
against the individual but also against the
society   at   large.   The   offences   against   the
woman more particularly under Section 376 of
the IPC are increasing. Therefore a massage
must   go   to   the   society   that   if   such   an
offence is committed it shall be dealt with
iron­hand and strictly and that no leniency
shall be shown. Thus, in the present appeal
the learned trial Court has not exercised the
discretion   judiciously   and   it   can   be   said
that   the   learned   trial   Court   has   failed   to
perform   its   duty   as   a   Judge   while   awarding
appropriate   and   adequate   punishment   to   an

offender   who   is   convicted   for   the   offence
under   Sections   376,   377   and   506(2)   of   the
Indian Penal Code.   
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL APPEAL NO. 763 of 2011

STATE OF GUJARAT. V   JAYDIP DAMJIBHAI CHAVDA.

CORAM:  MR.JUSTICE M.R. SHAH
and
 MR.JUSTICE Z.K.SAIYED

Date : 16/12/2015

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