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Banwarilal & Anr. vs. State of Rajasthan

32.00 3.20

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Penal Code, 1860–Secs. 363, 366, 376(2)(g)–Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989–Sec. 3(2)(v)–Conviction–Prosecutrix gave a vivid account in her parcha bayan and statements–Her testimony remained unimpeached in cross-examination–She was below 18 on the day of the incident–No defence evidence to rebute the presumption of not having consensual intercourse–Absence of visible injury does not make her testimony doubtful–Ingredients of offence u/ss. 363, 366 & 376(2)(g) are made out–Held, conviction was justified–However, no evidence on record to show that the offence was committed because she was member of SC–Conviction u/s. 3(2)(v) set aside.