2013 (2) TMI 932

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.... alia alleging that on 20th of April, 2005 his daughter Kirti Chauhan, aged about 16 years left the house and her whereabouts are not known. The informant suspected that his elder daughter Jitendra had allured her. He further disclosed that Jitendra had solemnized inter-caste marriage with Babu Meena, the accused herein and was staying in Udaipur, Rajasthan. Accordingly, informant prayed that search be made to recover his daughter. On the basis of the aforesaid information, a case under Section 363 and 366 of the Indian Penal Code was registered. During the course of investigation, the statements of informant Prem Singh, his wife Pushpa (PW-5) and their daughter Kirti Chauhan (PW-3) were recorded. During the course of investigation, it surf....

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....vestigation, her allegation was that she was raped by the accused at 06.30 A.M. To establish that the rape was committed without her consent she has deposed that while she was subjected to rape she shouted, but nobody came to her rescue. However, Ramchandra Salvi (PW-11), the owner of the house in which the alleged rape took place has not supported the victim. Dr. Smt. Sushila (PW-12), who examined the victim had also not supported the allegation of rape. Further, the report of the Forensic Science Laboratory also does not support the allegation of rape. Taking into account the aforesaid infirmities in the case of the prosecution, the trial court held that the prosecution has not been able to prove its case beyond reasonable doubt and accor....

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....prosecutrix, if found to be worthy of credence and reliable and for that no corroboration is required. It has often been said that oral testimony can be classified into three categories, namely (i) wholly reliable, (ii) wholly unreliable and (iii) neither wholly reliable nor wholly unreliable. In case of wholly reliable testimony of a single witness, the conviction can be founded without corroboration. This principle applies with greater vigour in case the nature of offence is such that it is committed in seclusion. In case prosecution is based on wholly unreliable testimony of a single witness, the court has no option than to acquit the accused. 9. In the background of the aforesaid legal position, when we consider the case in hand we a....