Case Note & Summary
The appeal was filed by the State of Tamil Nadu against the High Court's judgment that acquitted the accused, Ravi @ Nehru, who had been convicted for rape under Section 376 of the Indian Penal Code, 1860. The incident occurred on 23.10.1989, when the five-year-old victim, PW-2, was allegedly assaulted by the accused. The victim reported the incident to her mother, PW-1, who took her to the hospital for examination. Medical examinations revealed that the victim's hymen was ruptured, although there were no external injuries. The Trial Court convicted the accused based on the evidence of the victim and other witnesses. However, the High Court disbelieved the victim's testimony, citing lack of corroboration from medical evidence. The Supreme Court found the High Court's reasoning flawed, emphasizing that the testimony of the prosecutrix alone could suffice for conviction, and that the absence of corroborative evidence did not negate the occurrence of rape. The Court restored the Trial Court's conviction, stating that the High Court had committed a grave miscarriage of justice. The accused was ordered to be taken back into custody to serve the remaining sentence.
Headnote
A) Criminal Law - Rape - Definition and Evidence - Conviction can be based on the testimony of the prosecutrix alone - Indian Penal Code, 1860, Section 376 - The court held that the testimony of the prosecutrix, corroborated by medical evidence, was sufficient to establish the offence of rape, and the High Court's acquittal was perverse and inconsistent with the evidence on record. (Paras 1-5).
Issue of Consideration
Whether the High Court erred in acquitting the accused despite the evidence presented by the prosecution.
Final Decision
The Supreme Court allowed the appeal, restored the conviction of the accused under Section 376 IPC, and ordered him to be taken back into custody to serve the remaining part of his sentence.
Law Points
- Rape
- Conviction based on testimony of prosecutrix
- Medical evidence in sexual assault cases
- Corroboration not mandatory
- Legal definition of rape
