AIROnline 2025 SC 181

Supreme Court Of India

(From : AIROnline 2013 RAJ 34)

Hon'ble Judge(s): Vikram Nath, Sanjay Karol , JJ

Penal Code (45 of 1860) , S.376— Evidence Act (1 of 1872) , S.3, S.118— Rape - Circumstantial evidence - Allegation of committing rape of minor girl - Trial court had recorded that when asked about incident, girl child was silent, and only shed tears - Silence of the child would not accrue to benefit of accused - Absence of evidence of prosecutrix is, not in all cases, a negative to be accounted for in the prosecution case - There was contradiction in statement recorded in FIR and statement made in Court about position of accused found by informant -Said discrepancy was not put to informant so as to get an answer from him in this regard - Doctor's opinion that cause of injury could be through sexual intercourse or accident and finding that injury on genital organ of accused being possible only due to forceful intercourse with a minor female, pointed to accused having committed offence against prosecutrix - No animosity between accused and father of prosecutrix was established - Acquittal was set aside. AIROnline 2013 RAJ 34-Reversed (Para 17 18 19 20 21 22) .....