State Of Chhattisgarh vs Derha - 2004 Supreme(SC) 531

Q: Key Points

Key Principles and Facts Victim's Testimony in Rape Cases A conviction for rape can be based solely on the evidence of the victim (prosecutrix) if the court is satisfied with it, without requiring further corroboration, as the prosecutrix is not treated as an accomplice. [IMPORTANT POINT] (!) [1000087710006] Medical Evidence Supporting Rape Injuries such as blood on private parts, torn hymen, and inflamed labia minora (even after 4 days), along with the opinion that the victim was not habituated to sexual intercourse and injuries were not self-inflicted, corroborate rape. A mere suggestion that injuries

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2004 Supreme(SC) 531

N.S.HEGDE, B.P.SINGH
State Of Chhattisgarh – Appellant
Versus
Derha – Respondent

Judgement Key Points

Key Principles and Facts

Victim's Testimony in Rape Cases
A conviction for rape can be based solely on the evidence of the victim (prosecutrix) if the court is satisfied with it, without requiring further corroboration, as the prosecutrix is not treated as an accomplice. [IMPORTANT POINT] (!) [1000087710006]

Medical Evidence Supporting Rape
Injuries such as blood on private parts, torn hymen, and inflamed labia minora (even after 4 days), along with the opinion that the victim was not habituated to sexual intercourse and injuries were not self-inflicted, corroborate rape. A mere suggestion that injuries

JUDGMENT

Santosh Hegde, J.-Respondent herein was charged of an offence punishable under section 376(2) of the Indian Penal Code before the Second Additional Sessions Judge, Durg, M.P. The trial court found him guilty of the offence charged and sentenced him to undergo RI for 10 years. In appeal filed against the said conviction and sentence before the High Court of Madhya Pradesh at Jabalpur, the High Court allowed the appeal, setting aside the said conviction and sentence. It is against the said judgment of the High Court u/s. 376(2)(F) the State of Madhya Pradesh is in appeal before us. Brief facts necessary for the disposal of this appeal are as follows:

2. Complainant Manbai was residing with family at Kaktipara within the jurisdiction of Rajhara Police Station. Her family consisted of her husband, 2 sons aged 12 and 6 years and a daughter about 8 years. It is stated that on 6.3.1990 her husband had gone out of station and at about 4 p.m. when she had gone to work as a labourer at the Railway colony, the respondent herein forcibly took her daughter Duleshwari PW-2 to his house and committed rape on her. Prosecution alleges that said PW-2 returned home and after arrival of her mot

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2004 Supreme(SC) 531

N.S.HEGDE, B.P.SINGHState Of Chhattisgarh – AppellantVersusDerha – Respondent

Key Principles and Facts

N.S.HEGDE, B.P.SINGH
State Of Chhattisgarh – Appellant
Versus
Derha – Respondent