State of Madhya Pradesh Vs. Keshar Singh
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Head Note
Indian Penal Code,1860 - Section 376
Rape - Acquittal - Major inconsistency in the testimony of both PW2 and PW3 which makes their statement unworthy of credit - Conduct of PW2 seems to be uncharacteristic of an uncle as he makes no mention of his raising any alarm or running towards the accused to apprehend him on seeing that the accused was sexually assaulting the prosecutrix - Medical evidence of Dr. on analysis seems to be not wholly supportive to the case of the prosecution -Medical examination of the prosecutrix was conducted within 12 hours of the alleged incident of rape - Had there been rape the prosecutrix must have bleeded fresh during the medical examination, but that did not happen -. This shows that, probably, the sexual intercourse was done more than 24 hours back - In fact, Dr. in her crossexamination has said that rupture of hymen was at the most 2-3 days prior to the medical examination - In her deposition Dr. has said in her statement that the girl she had examined was a healthy and 'normal' one - However, there is no dispute that the prosecutrix was far from normal as she was suffering from some mental disorder - Even when she was examined in Court, she was found to be of unsound mind - It would be highly unlikely and assumptuous to say that even after conducting the whole examination of the prosecutrix, Dr. may not have come to know of the mental disorder of the prosecutrix - Case of the prosecution suffers from inherent inconsistencies and flaws -Appeal liable to be dismissed.
Topic(s)-Rape - Acquittal