Rape-- Testimony of Prosecutrix-- Material Contradictions Between Ocular Account and Medical Evidence Fatal to Conviction Under Section 376-D IPC
Conviction in a gang rape case under Section 376-D of the IPC cannot be sustained where the ocular account of the prosecutrix is materially inconsistent with medical evidence, key eyewitnesses remain unexamined, and physical evidence is not collected during investigation. Non-examination of an alleged eyewitness without explanation, absence of injury marks contradicting the victim's testimony, and a probable motive of false implication collectively raise reasonable doubt sufficient to set aside conviction.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
