RACHNA SINGH Vs. STATE

JUDGEMENT

(1.) Present appeal has been filed under Sec. 372 of the Code of Criminal Procedure 1973 challenging the judgment dated 05th Jan., 2019 whereby the accused-respondent no. 2 was acquitted of charges under Sec. 328/376(2)(n)/343/506 Indian Penal Code, 1860 ('IPC'). The relevant portion of the Trial Court judgment is reproduced hereinbelow:-

(2.) Learned counsel for the appellant-prosecutrix submits that the Trial Court had failed to appreciate that there is a presumption under Sec. 114A of the Indian Evidence Act, 1872, as to absence of consent in a case for prosecution of the offence under Sec. 376 Penal Code and consequently the onus to prove that he had not committed the offence under Sec. 376(2)(n) Penal Code had shifted to the accused-respondent no. 2.

(3.) Learned counsel for the appellant-prosecutrix further contends that the Trial Court had erred in not appreciating the fact that the appellant-prosecutrix is a chronic asthmatic patient, cannot do regular activities without medication, has a physical deformity in her left leg and is also suffering from cerebral palsy due to which it is difficult for her to raise her voice even in an emergency situation.