Penal Code, 1860–Sec. 376 [Corresponding Sec. 64 of BNS, 2023]–Conviction–Sustainability–PW 2 was declared hostile and did not support the prosecution–No medical evidence to support the forcible act of rape–Clothes of prosecutrix were not sent to FSL examination–Neither the Investigation Officer was examined to verify the documents nor recovery of any incriminating material was effected–The testimony of PW 1 alone, especially in the absence of supportive evidence and with PW/2’s hostile stance, cannot suffice to prove the guilt of accused beyond a reasonable doubt–Conviction is liable to be quashed and set aside.
