Case Note & Summary
The State of Rajasthan appealed against the High Court's judgment that acquitted the respondent of the charge under Section 376 IPC while affirming his conviction under Section 450 IPC. The trial court had convicted the respondent for rape and trespass, sentencing him to seven years' rigorous imprisonment for rape and five years for trespass. The prosecutrix, a widow, testified that the respondent entered her home armed with a knife and raped her. Despite raising an alarm, the respondent fled. The prosecutrix initially hesitated to report the incident due to threats from the respondent but eventually lodged a report. The trial court found her testimony credible, supported by her mother and other witnesses. However, the High Court acquitted the respondent under Section 376 IPC, citing inconsistencies in witness testimonies and lack of medical evidence. The Supreme Court, upon reviewing the evidence, found the prosecutrix's account reliable and noted that the High Court misread the evidence. The court emphasized that corroboration is not always necessary if the prosecutrix's testimony is credible. Consequently, the Supreme Court reversed the High Court's acquittal, reinstated the conviction under Section 376 IPC, and imposed the original sentence.
Headnote
A) Criminal Law - Rape - Acquittal Reversal - Indian Penal Code, 1860, Sections 376, 450 - The Supreme Court found the High Court's acquittal of the respondent under Section 376 IPC to be erroneous, as the evidence of the prosecutrix was credible and corroborated by other witnesses. The court reinstated the conviction under Section 376 IPC and imposed a sentence of seven years' rigorous imprisonment (Paras 1-4).
Issue of Consideration
Whether the High Court erred in acquitting the respondent of the charge under Section 376 IPC while upholding the conviction under Section 450 IPC.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's acquittal under Section 376 IPC, and sentenced the respondent to seven years' rigorous imprisonment and a fine of Rs.1,000.
Law Points
- Acquittal
- Conviction
- Rape
- Trespass
- Evidence
- Corroboration
