Case Note & Summary
The case involved an appeal against the conviction of the appellant for rape under Section 376 of the Indian Penal Code. The incident occurred on July 8, 1987, when the prosecutrix was alone at her home in Village Magrohar. The appellant, known to her, allegedly entered her house, inflicted injuries on her, and raped her. The prosecutrix reported the incident to her husband and others, leading to the filing of a First Information Report. Medical examinations revealed injuries on both the prosecutrix and the appellant, but the medical expert could not definitively ascertain the occurrence of rape. During the trial, key witnesses, including the prosecutrix's son and a relative, were declared hostile and did not support her account. The trial court relied solely on the prosecutrix's testimony to convict the appellant, which was upheld by the High Court. The appellant's counsel argued that the prosecutrix's story was implausible and lacked corroboration, while the respondent's counsel maintained that the prosecutrix's testimony should be believed. The Supreme Court analyzed the evidence and found that the prosecutrix's account did not inspire confidence, particularly given the absence of corroborative evidence and the improbability of her story. Consequently, the court allowed the appeal, set aside the conviction, and acquitted the appellant.
Headnote
A) Criminal Law - Rape - Credibility of Testimony - Indian Penal Code, 1860, Section 376 - The court found the prosecutrix's testimony lacked corroboration and was improbable given the circumstances, leading to the conclusion that the conviction could not be sustained. The testimonies of key witnesses were declared hostile, and the medical evidence did not confirm the occurrence of rape, resulting in the acquittal of the appellant. Held that the prosecutrix's story did not inspire confidence (Paras 1-20).
Issue of Consideration
Whether the prosecutrix's testimony was credible and sufficient to uphold the conviction for rape
Final Decision
The Supreme Court allowed the appeal, set aside the conviction, and acquitted the appellant due to lack of credible evidence and corroboration.
Law Points
- Credibility of witness testimony
- corroboration requirement
- burden of proof in rape cases
- evaluation of medical evidence


