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The Prosecution In The Facts Of Present Case

The court had reviewed the evidence on record. The prosecution's case relies on the sole testimony of P.W. 1, the victim. She stated that the appellant, along with another individual, entered her house under the pretext of asking for water and forcibly committed rape while nobody else was present. She provided details of the occurrence and mentioned that she subsequently became unconscious. According to her account, when her sister-in-law (Bhabi) returned a few hours later, she regained consciousness and narrated the entire incident to her sister-in-law and brother.

She also acknowledged that on the same night, they went to the police station where her statement was recorded by the police as Exhibit 1. However, during cross-examination, she admitted that her brother, P.W. 2, was accused in a case under Section 395 of the Indian Penal Code, in which the father of the appellant had given evidence against her brother. She conceded in paragraph 20 that her parents, as well as two other brothers, were alive.

She claimed to have sustained injuries during the rape; however, this was contested by P.W. 3, a doctor who found her hymen with an old rupture and noted other injuries on her body. P.W. 2, the brother of the prosecutrix, was a hearsay witness to the occurrence. He claimed that the father of the appellant had registered a theft case against him. He corroborated the prosecutrix's account regarding her injuries. He identified four individuals who accompanied the victim to the police station. Nevertheless, no other witness named in the charge sheet has been examined before the Trial Court.

Given the facts above, the animosity between the two families was acknowledged. In the absence of any corroborative evidence to support the prosecution's claim that P.W. 1 was subjected to rape by two individuals, the court found that the prosecution, in the facts and circumstances of the present case, has not been able to prove the charges against the appellant beyond a reasonable doubt. Therefore, the current appeal has merit and deserves to be allowed.

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