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SHAMBOOLAL V/S STATE OF M.P. 1999 (2) M P W N 172 Rape committed at a point of dagger. Resistance and injuries on person of the prosecutrix not possible. She can also not raise the alarm . Evidence of the prosecutrix corroborating with the trust information report and other evidence. The accused can be safely convicted
STATE OF MAHARASHTRA V/S ABDUL HAFIZ FAROOKI 1998 S CC (CRI)1481 Rape allegedly committed by eight persons twice in the compartment of running train and thereafter the compliant allegedly pushed out of train .absence of injury on the person of the complainant , accept a small incised wound and some minor superficially duties, improbabilises the prosecution version -- no shout raised by the complainant inconsistency between the first information report and evidence during the court, Held, in the circumstances of the case,possibility of the prosecutrix going to the accused persons voluntarily cannot be ruled out -- the accused persons are entitled to be acquitted.
Even if it be concluded that the prosecutrix was used to sexual intercourse prior to the rape , she had every right to refuse to submit herself to that accused person against her will
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Copyright © 2001 rajeev bhatjiwale
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