Indian Penal Code, 1860
Sections 342 & 376(2)(g)—Wrongful confinement and gang rape—Appeal against conviction—Third accused acquitted by trial court itself—Acquittal of third accused has broken the chain of events and falsified the story projected by prosecutrix—Stand of prosecutrix in her statement was that she neither drank water, nor had she eaten anything for three days—Medical examination of prosecutrix falsified the her stand as doctor noted that she was well-built and well-nourished—Statement of the prosecutrix that she was raped throughout the day in open in a field where ‘Bajra’ crop was standing, is not found to be plausible or persuasive—Story of prosecutrix is further demolished as her claim was that she could recognise the place only after she saw third accused in the morning when he had come there to offer her tea—A major discrepancy found in statements of prosecutrix as well as her mother is with reference to handing over the clothes of prosecutrix to the police—Surrounding circumstances discredit the version of the prosecutrix—Though in the chemical examiner’s report, it had come that the clothes of the prosecutrix handed over to the police were having stains of semen, however, no scientific evidence was produced to link the same with the accused—No evidence brought on record to connect the present appellants with the offences—Conviction set aside.
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