As IPC Sec. 376 is a cognizable offense, it is not an offense against the complainant, but an offense against STATE. Moreover, this offense is non-compoundable. Even if complainant does not support the complaint filed by her before the police, the court cannot discharge the accused straightaway. The trial must proceed and depending on the evidence produced before the court and age of the complainant (Prosecutrix), and the circumstances under which consent was given by her, the court may acquit the accused but that would be only after a full fledged trial.
When prosecutrix does not support the complaint the entire trial would be just a futile exercise. This type of futile exercises are waste of time of the parties and the courts as well. Suitable provision in law should be done for such a situation. But that is for the legislature to look out.
Advocate Mahendra Vadia (Gujarat High Court)