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Title	Rape
Details	Committed rape– It is fairly well-settled that in the absence of external injury on the person of the prosecutrix, it cannot be concluded that the incident had taken place with the consent of the prosecutrix. It depends upon the facts and circumstances of each case. The impugned judgment of the High Court reversing the conviction of the respondent to acquittal, cannot be sustained and the same is liable to be set aside and the judgment of the trial court convicting the respondent under Section 376 I.P.C. is to be restored. The trial court has sentenced the respondent-accused to undergo imprisonment for a period of seven years. Accordingly the appeal preferred by the State is allowed and the conviction of the respondent-accused under Section 376 I.P.C. as passed by the trial court is restored. However, the period of sentence of seven years, as noted above, is reduced to four years. In case the respondent has not already undergone the sentence of imprisonment of four years, he is to surrender to custody within a period of fours weeks from today to serve the remaining sentence failing which he shall be taken to custody. .....State of Madhya Pradesh =VS= Preetam,(Criminal), 2018 (2) [5 LM (SC) 96] ....View Full Judgment Sentencing For Rape– According to Ashworth, the features of many rapes are severe emotional and psychological trauma, sometimes involving fear of pregnancy and sexually transmitted diseases and continuing sense of insecurity. Most rapes involve violence or threat thereof and other sexual indignities. The offence, in Hirsh and Jareborg’s terms, poses a threat to physical integrity, which is compounded by humiliation and deprivation of privacy and autonomy. The typical effect on the victim is minimal well being and the culpability is generally high. (Para-866); .....Allama Delwar Hossain Sayedee =VS= Government of Bangladesh, (Criminal), 2017 (1)- [2 LM (AD) 76] ....View Full Judgment In the case of rape, according to Modi's Medical Jurisprudence the body, specially the face, breasts, chest, lower part of abdomen, limbs and back should have marks of violence such as scratches and bruises, as a result of struggle. Such marks are likely to be found on the bodies of grown up woman who are able to resist. ….. (Shah Khan vs. State, 18 DLR (WP) 91) The evidence of a prosecutrix in a rape case is customarily received by Courts with some suspicion. In certain jurisdiction, it is the rule that the solitary evidence of the prosecutrix being a woman of full-age is not accepted as sufficient, but requires corroboration by independent evidence, in order to be believed. ….. (Mamtaz Ahmad Khan vs State 19 DLR (SC) 259)

Title

Rape

Details

Committed rape–
It is fairly well-settled that in the absence of external injury on the person of the prosecutrix, it cannot be concluded that the incident had taken place with the consent of the prosecutrix. It depends upon the facts and circumstances of each case. The impugned judgment of the High Court reversing the conviction of the respondent to acquittal, cannot be sustained and the same is liable to be set aside and the judgment of the trial court convicting the respondent under Section 376 I.P.C. is to be restored. The trial court has sentenced the respondent-accused to undergo imprisonment for a period of seven years. Accordingly the appeal preferred by the State is allowed and the conviction of the respondent-accused under Section 376 I.P.C. as passed by the trial court is restored. However, the period of sentence of seven years, as noted above, is reduced to four years. In case the respondent has not already undergone the sentence of imprisonment of four years, he is to surrender to custody within a period of fours weeks from today to serve the remaining sentence failing which he shall be taken to custody. .....State of Madhya Pradesh =VS= Preetam,(Criminal), 2018 (2) [5 LM (SC) 96] ....View Full Judgment

Sentencing For Rape–
According to Ashworth, the features of many rapes are severe emotional and psychological trauma, sometimes involving fear of pregnancy and sexually transmitted diseases and continuing sense of insecurity. Most rapes involve violence or threat thereof and other sexual indignities. The offence, in Hirsh and Jareborg’s terms, poses a threat to physical integrity, which is compounded by humiliation and deprivation of privacy and autonomy. The typical effect on the victim is minimal well being and the culpability is generally high. (Para-866); .....Allama Delwar Hossain Sayedee =VS= Government of Bangladesh, (Criminal), 2017 (1)- [2 LM (AD) 76] ....View Full Judgment

In the case of rape, according to Modi's Medical Jurisprudence the body, specially the face, breasts, chest, lower part of abdomen, limbs and back should have marks of violence such as scratches and bruises, as a result of struggle. Such marks are likely to be found on the bodies of grown up woman who are able to resist. ….. (Shah Khan vs. State, 18 DLR (WP) 91)
The evidence of a prosecutrix in a rape case is customarily received by Courts with some suspicion. In certain jurisdiction, it is the rule that the solitary evidence of the prosecutrix being a woman of full-age is not accepted as sufficient, but requires corroboration by independent evidence, in order to be believed. ….. (Mamtaz Ahmad Khan vs State 19 DLR (SC) 259)