Penal Code, 1860–Sec. 376–Conviction–Sustainability–No semen was detected in the vaginal swab of prosecutrix–Prosecutrix herself turned hostile–No injury was found on her vulva–Semen was detected on the pants of both accuseds but the case of prosecution is that the accused H hold the prosecutrix to pin her down and J committed rape with her–Held, presence of semen on the pant of accused H becomes mysterious–Conviction cannot be sustained on the basis of testimony of PW 1 & 2.
