Legal Shorts; SC:Courts must look for evidence of struggle in rape cases.

The courts should expect to find evidence of a struggle to avoid sexual contact or penetration , and may well feel uncertainty about the real nature of an alleged assault in its absence.



Thus , if such a serious violence was caused to the prosecutrix  by the Appellants, the injuries are not likely to have disappeared before 2 or 3 days and the signs were bound to persist at least when she waz examined by the doctor. The absence of injuries on the person of appellants as also on the person of the prosecutrix is yet anothr factor to negative the allegation of rape and to show the appellants had sexual intercourse with the prosecutrix with her tacit consent.


Pratap Mishra Vs. State of Orissa


AIR 1977 SC 1307;

1977 SCC (Cr) 447


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