Prosecutrix statement not corroborated by witness in 376

21-Sep-2023 (In Criminal Law)
Prosecutrix statement in 376 was not corra orated as the neutral witnesses confirmed that the accused with with them for the whole time when prosecutrix alleged 376. Cdr also confirms accused presence in different city,40 kms away during that time. FSL report not submitted by fsl department after 5 yrs. Prosecutrix lawyer says that even witnesses statement are against prosecutrix,only prosecutrix statement should be considered and all other evidence be disregarded by court and prosecute accused.

Answers (2)

Answer #1
640 votes
Once the Court accepts the prosecutor's version, it is sufficient to establish the offense that is punishable under Section 376 of the Indian Penal Code. But when all the evidence is not against the accused in this situation the court may not consider the statement of prosecutrix.
Answer #2
929 votes
statement of the prosecutrix is a vital evidence in deciding matters of sexual assault.

however it seems that the accused has taken the defence of alibi which shows that the accused person was not present at the scene of the crime when it occurred rather he was in a different city all together.

such evidence is vital and goes in the favour of the accused.

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