Penal Code, 1860–Sec. 376–Conviction–Sustainability–Though the prosecutrix stated that the appellant caught hold her and committed the rape with her but the span of time during which the incident alleged to have happened is highly improbable–Over writing the name of accused in FIR–Identification of accused is doubtful–Material contradictions, omissions and improvements in the version of prosecutrix and witnesses–She did not raise any hue and cry when the accused caught hold her–No injury on her body–PW 9 admitted that the samples sent to FSL were not properly sealed–FSL report does not corroborate the fact of rape–Held, appellant is entitled to be acquitted.
