https://www.taxtmi.com/caselaws?id=296738 In a complaint-based warrant trial, discharge is required unless the pre-charge evidence, if unrebutted, would justify conviction; mere prima facie suspicion is not enough. For an offence under Section 376 of the Indian Penal Code, the allegations must disclose the essential ingredients of rape, including specific material showing sexual intercourse or penetration. Vague references to lack of contraception or refusal to have intercourse were treated as insufficient to establish a prima facie case. The discussion also distinguishes earlier authority involving a police case and a proven rape conviction, which was not treated as comparable to a complaint case at the charge stage. en-us Mon, 20 Jul 2009 00:00:00 +0530 Thu, 05 Aug 2021 11:36:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=296738 In a complaint-based warrant trial, discharge is required unless the pre-charge evidence, if unrebutted, would justify conviction; mere prima facie suspicion is not enough. For an offence under Section 376 of the Indian Penal Code, the allegations must disclose the essential ingredients of rape, including specific material showing sexual intercourse or penetration. Vague references to lack of contraception or refusal to have intercourse were treated as insufficient to establish a prima facie case. The discussion also distinguishes earlier authority involving a police case and a proven rape conviction, which was not treated as comparable to a complaint case at the charge stage. Case-Laws Indian Laws Mon, 20 Jul 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=296738