1953) ("In determining the question of intention the jury may consider social conditions and customs founded upon racial differences, such as that the prosecutrix
was a white woman and defendant was a Negro man."); supra text accompanying note 75.
(42) See R v Evans (1924), 18 CR App R 123 at 124, Lord Hewart, (stating "[i]t has been pointed out again and again in these cases that evidence of a complaint by the prosecutrix
is not corroboration of her evidence against the prisoner.
"If the medical evidence had not confirmed sexual assault on the prosecutrix
(victim), the TIP and identification therein were doubtful, corroborative evidence was not available, entirely different considerations may have arisen," said the apex court.
Is it carnal knowledge of a prosecutrix
? If it must be against her will, then the crime was not proved in this case; but if the offence is complete where it was by force and without her consent, then the offence proved that was charged in the indictment, and the prisoner was properly convicted ....
Where the woman charged to have been raped, as in this case is a white woman there is a very strong presumption under the law that she would not and did not yield voluntarily to intercourse with the defendant, a Negro; and this is true, whatever the station in life the prosecutrix
may occupy, whether she be the most despised, ignorant and abandoned woman of the community, or the spotless virgin and daughter of a prominent home of luxury and learning.
Senior advocate Sanjay Hegde, representing the victim, sought speedy trial of the case and said that the Court should issue a direction to examine the prosecutrix
before September 23, which is the next date of hearing of the case before trial court.
1888) ("The consent given by the prosecutrix
may have been implied as well as express, and the defendant would be justified in assuming the existence of such consent if the conduct of the prosecutrix
towards him at the time of the occurrence was of such a nature as to create in his mind the honest and reasonable belief that she had consented by yielding her will freely to the commission of the act.").
With that empowerment, the victim will be able to resume her once prominent and primary role as prosecutrix
State of Karnataka & Ors., (1994) 5 SCC 728, Supreme Court held that the fact of admission of two fingers and the hymen rupture does not give a clear indication that prosecutrix
is habitual to sexual intercourse.
The court said: " Let prosecutrix
be summoned through IO for next date.
This passage is based on the old English common law maxim where the general bad character as to the sexual morality of the prosecutrix
is relevant, not only to her credibility as a witness, but also to the issue (Aguda, 1998; Ashiru, 2010).
, her mother and a banker in Bolivar testified that this letter was in defendant's handwriting.