• SECTION 376(2)(g) IPC GANG RAPE CASE Prosecutrix, aged 25 years She gave more particulars as to how she was subjected to rape and was given beating PW.2 is husband of the prosecutrix deposed in court that his wife had disclosed him that she was subjected to rape by the accused PW.8 medico legally examined prosecutrix did not see any external or internal injury on the body of the prosecutrix Mere consent of a woman to accompany a man to the market, in no way, is sufficient to infer that she was a consenting party to perform sexual intercourse also In the present case, accused ‘R’ took to the prosecutrix to a room where already two accused were there Therefore, all the three accused had planned to outrage the modesty of the prosecutrix It has come in evidence of that all the three accused had over powered the lady In these circumstances, sufferance of injury is not necessary Immediately after the occurrence the prosecutrix lodged the FIR Conviction upheld however sentence is reduced to 10 years Appeal disposed of. [Paras 4, 8, 9, 13 and 19]
Bhagwan vs State Of Rajasthan CRLA 44/14 17/05/19 [ KANWAJIT JJ ]
[ RAJASTHAN HIGH COURT ]