Section 376, 34, 336 IPC Rape

 Section  376, 34, 336 IPC Rape Two appeals by way of special leave arise out of the judgment of the High Court of Gauhati dated 26th March, 2004 whereby the two appellants have been convicted and sentenced to various terms of imprisonment and fine for offences punishable under Sections 376/34 and 336/34 of the Indian Penal Code - Involvement of appellant seems to be uncertain. It must first be borne in mind that in her statement recorded on 17th September, 1997, the prosecutrix had not attributed any rape to appellant. Likewise, she had stated that he was not one of those who kidnapped her and taken to Jalalpur Tea Estate and on the other hand she categorically stated that while she along with two appellants were returning to the village that he had joined them somewhere along the way but had still not committed rape on her - Court is conscious of the fact that in a matter of rape, the statement of the prosecutrix must be given primary consideration, but, at the same time, the broad principle that the prosecution has to prove its case beyond reasonable doubt applies equally to a case of rape and there can be no presumption that a prosecutrix would always tell the entire story truthfully Appeal dismissed

ABBAS AHMAD CHOUDHARY vs STATE OF ASSAM CRL-A 951/04 25/11/09

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