Rape -- Partial Acceptance of Testimony of Prosecutrix -- Court cannot reject her evidence for one charge and accept it for another
(i) Indian Penal Code, 1860, S.376 -- Rape -- Partial Acceptance of Testimony of Prosecutrix -- Evidence of prosecutrix, if reliable, is to be accepted in full -- Court cannot reject it for the charge of kidnapping and accept the same part for the charge of rape -- Denial of consent must be read with the whole of her evidence. (ii) Indian Evidence Act, 1872, S.114A -- Rape -- Presumption of Absence of Consent -- Presumption is considered in the overall context of evidence -- It cannot convict where the testimony of prosecutrix has material contradictions -- Corroboration is not needed in every case, but sole testimony must inspire the confidence of the court. (iii) Indian Penal Code, 1860, S.376 -- Rape -- Conviction on Moral Assessment -- Immorality of an act cannot take the place of proof -- Charge must be proved by hard evidence and not on conjecture or value judgment of judge -- Presence of spermatozoa and absence of injuries do not by themselves prove rape.
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