Ramdayal, Shivram, Ramesh, Mst. Pista & Mrs. Banaspati vs. The State of Rajasthan & Anr.

Penal Code, 1860–Secs. 376, 323 & 341–Cognizance for the offence–Appreciation–Allegations of subjecting the prosecutrix to severe beating is supported by sufficient material, however, no material was found on record to show that the prosecutrix was subjected under the offence of rape–Neither
the prosecutrix nor any other witness stated u/s. 161 that the offence of rape was committed–Police filed FR–No protest petition by prosecutrix–Held, cognizance for the offence u/s. 376 was not justified–Order quashed up to this extent.