Penal Code, 1860–Secs. 376(D), 377 & 394–Conviction–Appreciation–Statements of prosecutrix were found corroborated with medical evidence–Offence was promptly reported to police and she was medically examined on next day–There was swelling in vagina–Although semen was not detected on her clothes yet this fact is not fatal for prosecution–Her testimony could not be shaken in cross-examination–Plea of false implication was not taken in the statements u/s. 313–Held, prosecution succeeded in proving the case,however, the offence was committed on 12.12.2012 i.e. before the Section 376(D) came into effect, therefore, the conviction deserves to be altered u/s.376(2)(g).
