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State vs. Surendra Kumar @ Mandia

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Criminal Trial–Rape–Circumstance of–Establishment–Human blood was detected in the vaginal swab, vaginal smear, and from the ghagra of the deceased–Case of the prosecution that the appellant subjected the deceased to rape and violence and a clump of hair of assailant got stuck in her left hand–As per medical evidence, no marks of struggle were found on the dead body–No injury on the private parts–In view of the circumstances of the case, there was no reason as to why the accused would be required to go to extent of using extreme force on the deceased in his quest for sexual gratification–Theory put forth by the prosecution is doubtful.