Penal Code, 1860–Sec. 376 (1) [ Corresponding Sec. 64(1) of BNS, 2023 ]–Conviction–Sustainability–Statements of prosecutrix are not inspired with confidence–She did not try to move away when the appellant undressed his own clothes–She admitted that she was not threatened by showing knife or pistol–Fact of rape is not established in the medical report as there were no signs of injury or struggle on her person–No DNA report–No recovery of pot and broken bangles–Contradition between her statements before the police and Court–Place of the incident was the public place, near the populated area–Prosecution failed to prove the offence beyond the reasonable doubt–Appellant is entitled to be acquitted.
