Penal Code, 1860–Sec. 376(2)(d) [ Corresponding Sec. 64 of BNS, 2023 ]–Conviction–High Court enhanced the sentence–Victim and her husband did not support the case of the prosecution and they were declared hostile–High Court relied upon the statements of the investigation officer, recovery of clothes and FSL report–Witnesses of recovery deposed that their signatures were taken on a written paper at the instance of police–No mark of injury in the medical examination of the victim–It was not open for the High Court to presume that the victim did not support the prosecution because she was won by the accused-appellant–Witnesses present in the clinic, cited in charge-sheet were not examined by the prosecution–Held, conviction cannot be sustained.
