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Section u/s 376 and 109 Of Indian Penal Code

As far as general credibility of the victim is concerned,court had very carefully assessed her evidence and the court did not find that apart from the variation that had not not been referred to by the Counsel that her evidence before the court was absolutely without blemish.

The evidence was fully corroborated by the medical evidence but unfortunately due to the long lapse of time between the incident and the Time when she was taken to the doctor, almost two weeks after the incident,it was inevitable that the external signs such as marks of minor injuries would have vanished by that point of time.

Coming to the question of the offence,court had taken note of the fact that as far as the conclusiveness of the sexual assault on victim was concerned, that the medical evidence was slightly weak particularly because of the time lag and the delay factor.

Also having regard to the infirmities in the evidence of victim court gave benefit of doubt to accused no 1 ,4, and 5 as far as the offence u/s 376 ,read with section 109, IPC, was concerned. The reason for this was because invariably in rape cases the court would lean very heavily in favour of the medical evidence before holding that the offences had been conclusively established. In the present case though these accused persons we're given benefits of doubt as far as this section was concerned since court had held that they were involved in the assault on victim which was corroborated by her mother, court convicted accused no1 and 5 of the offences punishable u/s 354 IPC

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