Case Note & Summary
The Supreme Court dismissed the criminal appeal filed by Lok Mal @ Loku against the judgment of the Allahabad High Court affirming his conviction under Sections 376 and 323 of the Indian Penal Code, 1860. The case arose from an incident on March 19, 1984, when the prosecutrix, a major girl studying in B.A., went to the accused's house for tuition. The accused allegedly locked the door, gagged her, and raped her. The prosecutrix's grandmother and local residents rescued her, and after threats from the accused's family, a written report was lodged. The trial court convicted the accused, and the High Court affirmed the conviction while acquitting him under Section 506 IPC. The appellant argued that the evidence was unreliable, the medical evidence showed no injuries, and there was delay in lodging the FIR. The Supreme Court held that the prosecutrix's testimony was trustworthy and unshaken, and that absence of injury is not fatal. The delay in FIR was sufficiently explained due to threats. The court also rejected the argument regarding the mother's character as irrelevant. The appeal was dismissed, and the court directed the competent authority to consider remission of the sentence in accordance with state policy within four weeks.
Headnote
A) Criminal Law - Rape - Conviction on Sole Testimony of Prosecutrix - Evidence of prosecutrix in a rape case is of the same value as that of an injured witness and conviction can be made on the basis of her sole testimony if it inspires confidence - Indian Penal Code, 1860, Sections 376, 323 - The prosecutrix, a major girl, gave a trustworthy and unshaken account of the incident; the High Court affirmed the trial court's conviction; the Supreme Court held that the testimony of the prosecutrix was wholly trustworthy and no interference was warranted (Paras 10-15). B) Criminal Law - Rape - Absence of Injury - Absence of injuries on the private parts of the victim is not always fatal to the prosecution case - Indian Penal Code, 1860, Section 376 - The prosecutrix was overpowered and gagged, explaining the absence of major injuries; the court reiterated that it is not necessary that in every rape case there must be injury to private parts (Para 11). C) Criminal Law - Rape - Delay in Lodging FIR - Delay in lodging FIR if sufficiently explained is not fatal to the prosecution case - Indian Penal Code, 1860, Section 376 - The prosecutrix was threatened by the accused and local inhabitants, causing delay; the court found the delay was sufficiently explained (Paras 11-12). D) Criminal Law - Rape - Character of Victim's Mother - The alleged immoral character of the mother of the prosecutrix has no bearing on the question of whether the accused committed rape - Indian Penal Code, 1860, Section 376 - The court held that the conviction for rape is independent and distinct from the character of the mother; such allegations are a dire attempt to discredit the prosecutrix (Para 16).
Issue of Consideration
Whether the conviction of the appellant under Sections 376 and 323 IPC based on the sole testimony of the prosecutrix is sustainable in law.
Final Decision
Appeal dismissed. Conviction under Sections 376 and 323 IPC affirmed. Direction to competent authority to consider remission of sentence in accordance with state policy within four weeks.
Law Points
- Evidence of prosecutrix in rape case is of same value as injured witness
- conviction can be based on sole testimony if it inspires confidence
- absence of injury on private parts not fatal
- delay in lodging FIR if explained not fatal
- character of mother irrelevant to rape conviction
