Rape -- Prior Sexual Experience of Victim -- Irrelevant to consent or credibility in rape trial
(i) Indian Evidence Act, 1872, S.53A -- Rape -- Prior Sexual Experience of Victim -- Irrelevant to consent or credibility in rape trial. Section 53A and the proviso to Section 146 bar any inference from prior sexual experience of the victim as to her consent or credibility. Where the victim is a minor, the question of consent is further rendered immaterial under Section 3 read with Section 5 of the POCSO Act. (ii) Indian Penal Code, 1860, S.376-D -- Gang Rape -- Common Intention of Co-Accused -- Individual act of penetration by each accused need not be separately proved. Where two or more persons act together with common intention to commit rape, each is liable for the act done by any of them in furtherance of that intention, and separate proof of a completed act by each accused is not essential for conviction under Section 376-D. (iii) Indian Penal Code, 1860, S.376(2)(n) -- Repeated Rape -- Vague Testimony on Individual Acts During Joint Confinement -- Insufficient to convict under Section 376(2)(n). A general statement that both accused "repeatedly" committed rape during a joint period of confinement, without particulars of frequency or sequence attributable to each accused individually, is inadequate to sustain conviction for repeated rape against each accused separately.
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