Medical of acused stated 'there was no erection or no ejaculation', FIR quashed u/s 376, 342 and 506(2) IPC

Medical of acused stated 'there was no erection or no ejaculation', FIR quashed u/s 376, 342 and 506(2) IPC

Shivlal Jerambhai Padia vs State of Gujarat & ors

Gujarat HC

15/02/2017

CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 18202 of 2015

About/from the judgment:

FIR quashed u/s 376, 342 and 506(2) IPC

 

A team of doctors at the Civil Hospital tried to collect the semen sample by electrovibratory method for three times. It has been very specifically noted in the certificate that there was no erection or no ejaculation.

 

In the FIR as well as in the statement of the prosecutorix recorded under Section164 of the Cr.P.C., there are specific allegations that she was overpowered by the accused and was forcibly raped. These allegations stand falsified by the evidence on record.

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