Penal Code, 1860–Sec. 376 [Corresponding Sec. 64 of BNS, 2023]–Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989–Sec. 3(2)(v)–Conviction–Sustainability–It is writ large on the facts that the accused-appellant was unaware of the caste particulars of the prosecutrix–Observation of Trial Court that the prosecutrix voluntarily travelled on the motor-cycle of accused in his company–She consented to watch a movie and frequented public places without any protest–Medical report does not corroborate the fact of rape–Recovery witness of the seizure of motor-cycle turned hostile–No other evidence except the testimony of prosecutrix–Solely on the basis of the testimony of the prosecutrix, the burden and liability cannot be fastened on the appellant–Conviction deserves to be set aside.
