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BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     23 September 2015

Anup kumar v bihar

Indian Penal Code ,1860- Section 376--  sole testimoni of the prosecutrix- reliability thereof - absence of corroborative evidence - not fatal- sole testimony of the prosectrix is sufficeint to establish the commission of rape - in the instant case evidence of the witness including the evidence of the medical report , held makes it amply clear that the prosecution has firmly established the incident of rape --absence of a conclusive opinion of the medical examiner regarding rape in case of amarried woman cannot be aground for acquittal of the accused -medical examination of the prosecutrix -not conducted just after the incident - in such a situation , held it is not possible to get aclear and certain opinion with regard to the commission of rape but the incident narrated by the prosecutrix and the injury on his forehead has been duly corroborated by the medicla -evidence-hence not fatal -circumstantial evidence - held also support the prosecution case - delay in lodging first information report - properly explained - hence not fatal- discrepancy inthe light of the facts and circumstances of the case - hence the accused is not entitled to benefit of doubt



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