5. She took me through the evidence of prosecutrix PW1 as well as that of her mother PW2 Sobha in order to demonstrate that the alleged act was consensual. The learned Advocate submitted that cross examination of the prosecutrix shows that after revealing that she is pregnant, her mother scolded her and asked about the details, but she did not tell details to her mother. The learned Advocate further drew my attention to the cross examination of the prosecutrix to demonstrate that after first sexual intercourse, there was huge bleeding and mother of the prosecutrix had washed those clothes. Thereafter, the learned Advocate for the applicant pointed out the paragraph 4 of the cross examination of PW2 Sobha, the mother of the prosecutrix, to point out that in the community of the prosecutrix there is a custom to have sexual intercourse without marriage. With this, it is pointed out that the act was not an act which can be termed as rape or penetrative sexual intercourse. The learned Advocate for the applicant further drew my attention to the paragraph 7 of the cross examination PW9 Mithesh Trivedi, Scientific Officer, FSL Surat, in order to demonstrate that evidence of this expert is not reliable.
