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Kanhayalal vs. State of Rajasthan

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Penal Code, 1860–Sec. 376–Conviction–Sustainability–Star witness of prosecution who is eye-witness of incident, has turned hostile–Husband of prosecutrix went to police station to lodge the report but he did not appear in evidence–Author of written report seems an implanted witness–Witness of site plan turned hostile–Contradiction in the statement of prosecutrix–Her statement in regard to forceful intercourse suffers from discrepancy–No injury was found on her private parts whereas she stated that the accused brutally pinched and bite on her body–Evidence of doctor does not support the case of prosecution–No evidence to show any sperm/semen of accused in the vaginal smear of prosecutrix or her clothes–FSL report does not corroborate the incident of rape–Conviction of appellant is not sustainable.