Case Note & Summary
The present criminal appeal arises from a judgment of the Allahabad High Court affirming the conviction of the appellant under Sections 376 and 323 of the Indian Penal Code, 1860 (IPC) for the rape of a 20-year-old woman. The incident occurred on 19 March 1984 when the prosecutrix went to the appellant's house to give tuition to two girls. The appellant allegedly entered the room, latched the door, gagged her with a cloth, and raped her. The girls knocked but the door was not opened; later, the grandmother rescued the prosecutrix. A complaint was filed after threats from the appellant's family. The trial court convicted the appellant, and the High Court upheld the conviction, acquitting him under Section 506 IPC. The appellant appealed to the Supreme Court, arguing that the evidence was unreliable, the medical report showed no injury, and there was delay in lodging the FIR. The Supreme Court dismissed the appeal, holding that the testimony of the prosecutrix was trustworthy and sufficient for conviction. The Court reiterated that the evidence of a rape victim is of the same value as that of an injured witness, and absence of injury is not fatal. The delay in FIR was explained by threats. The appellant's defence of false implication due to the mother's character was rejected as irrelevant. The conviction and sentence of 5 years rigorous imprisonment under Section 376 IPC and 6 months under Section 323 IPC were upheld.
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, Section 376 - The prosecutrix's testimony was found trustworthy, unshaken, and inspiring confidence; the appellant failed to cause a dent in her testimony - Held that conviction is sustainable (Paras 10-15). B) Criminal Law - Rape - Absence of Injury on Private Parts - 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 stated she was overpowered and gagged, explaining lack of major injury marks - Held that absence of injury does not discredit reliable evidence (Para 11). C) Criminal Law - Rape - Delay in Lodging FIR - Delay in lodging complaint and registering FIR was sufficiently explained due to threats by the accused - Indian Penal Code, 1860, Section 376 - The prosecutrix was threatened with dire consequences, causing delay - Held that delay is not fatal (Para 11). D) Criminal Law - Rape - Irrelevance of Character of Victim's Mother - The alleged immoral character of the prosecutrix's mother has no bearing on the question of whether the accused committed rape - Indian Penal Code, 1860, Section 376 - The conviction for rape is independent and distinct from the character of the mother - Held that such allegations are a dire attempt to discredit testimony (Para 16).
Issue of Consideration
Whether the conviction under Sections 376 and 323 IPC based on the sole testimony of the prosecutrix is sustainable in the absence of corroboration and medical evidence of injury.
Final Decision
Appeal dismissed. Conviction under Sections 376 and 323 IPC and sentence of 5 years rigorous imprisonment under Section 376 IPC and 6 months under Section 323 IPC upheld.
Law Points
- Evidence of prosecutrix in rape case is of same value as injured witness
- conviction can be based on sole testimony
- absence of injury not fatal
- delay in FIR explained
- character of mother irrelevant
