Indian Penal Code, 1860; Section 375,376 -Absence of injuries on the person of the prosecutrix is by itself no ground to infer consent on the part of the prosecutrix. (Para 6)
Code Of Criminal Procedure, 1973; Section 313- The conviction cannot be based solely on the statements made by an accused under sub-section (1) of Section 313 of the Cr. PC. The statements of the accused cannot be considered in isolation but in conjunction with the evidence adduced by the prosecution. The statements may have more relevance when under a statute, an accused has burden of discharge. When the law requires an accused to discharge the burden, the accused can always do so by a preponderance of probability. But, while considering whether the accused has discharged the burden, the court can certainly consider his statement recorded under Section 313. (Para 6)
Summary: Appeal against HC judgment that convicted accused for the offence punishable under clause (g) of sub-section (2) of Section 376 of the Indian Penal Code, 1860 – Dismissed appeal.