Important point
If Court is satisfied that evidence of prosecutrix was free from blemish and was implicitly reliable, then on sole testimony of prosecutrix conviction could be recorded.

Headnote:Indian Penal Code, 1860—Sections 376 and 450—Prosecutrix a widow working as labourer at a construction site was raped by appellant in night in a room where she was sleeping—Prosecutrix raised an alarm and her mother PW2, another lady PW3 and her brother PW7 arrived and prosecutrix narrated incident to her mother—Trial Court relying on evidence of these witnesses convicted appellant for both offences—High Court in appeal set aside conviction under Section 376 IPC and maintained conviction under Section 450 IPC—State Appeal—High Court did not point out any inconsistency or infirmity in evidence of prosecutrix which might render her deposition incredible—Chemical Examiner report was not produced in Court and High Court disbelieved case of prosecution for charge under Section 376 IPC—Evidence of prosecutrix was from any blemish and enough corroboration came from witnesses PW1, 2, 3 and 7—Where Court was satisfied that evidence of prosecutrix was free from blemish and was implicitly reliable, conviction could be based on sole testimony of prosecutrix—Conviction under Section 376 IPC and sentence of 7 years imprisonment was liable to be restored.
Held : With the assistance of counsel appearing for the parties, we have read the evidence of PW-1, PW-2, PW-3, PW-7 and PW-9. The evidence of the prosecutrix is free from any blemish. Even if it required any corroboration, that is forthcoming from the evidence of PW-2, PW-3 and PW-7. Moreover, the High Court affirmed the finding that in the middle of the night the respondent had trespassed into the room of the prosecutrix and upheld his conviction under Section 450 IPC. That itself strongly supports the case of the prosecution and corroborates the version of the prosecutrix. In a case of this nature, one would not expect the medical evidence to significantly improve the case of prosecution or the defence, particularly when the prosecutrix was examined after several days of the occurrence, and she was the mother of three children. So far as the report of the Chemical Examiner is concerned, since the prosecution did not produce the report, the prosecution is deprived of any corroborative evidence which the report may have provided. However, we have examined the evidence of the prosecutrix and three other witnesses. We find no reason to disbelieve the prosecutrix. The High Court misread the evidence and committed an error of record in holding that PW-2 (Smt. Sushila), the mother of prosecutrix, did not support the case of the prosecutrix as regards the commission of offence of rape. We have referred to her evidence earlier and we find no justification for the High Court to record such a finding. Without any ambiguity and in clear terms, the witness stated that she was told by the prosecutrix that the respondent had committed rape upon her. So far as PW-3 (Gulab Bai) is concerned, she has stated that she heard the prosecutrix saying that the respondent had outraged her modesty. It appears to us that the prosecutrix had really reported the matter to her mother and in this process, this witness may have overheard the conversation. Therefore, she is not very exact in stating what was stated by the prosecutrix. We also find nothing in the evidence of PW-7 (Mangi Lal) which is inconsistent with the testimony of the prosecutrix. If at all his evidence corroborates the evidence of the prosecutrix inasmuch as he also stated that on hearing her alarm, he along with his mother rushed to her room but he stood outside the room while his mother went inside and talked to the prosecutrix. We, therefore, find it difficult to sustain the order of acquittal passed by the High Court in respect of the offence under Section 376 IPC. It is not the law that in every case version of the prosecutrix must be corroborated in material particulars by independent evidence on record. It all depends on the quality of the evidence of the prosecutrix. If the Court is satisfied that the evidence of prosecutrix is free from blemish and is implicitly reliable, then on the sole testimony of the prosecutrix, the conviction can be recorded. In appropriate cases, the court may look for corroboration from independent source or from the circumstances of the case before recording an order of conviction. In the instant case, we find that the evidence of the prosecutrix is worthy of credit and implicity reliable. The other evidence adduced by the prosecution, in fact, provides the necessary corroboration, even if that was considered necessary. The High Court on a clear misreading of the evidence on record, acquitted the respondent of the charge under Section 376 IPC while upholding his conviction under Section 450 IPC. We, therefore, allow this appeal, set aside the order of acquittal passed by the High Court so far as it relates to offence under Section 376 IPC and sentence the respondent to undergo seven years’ rigorous imprisonment and a fine of Rs. 1,000/-, and in default of payment of fine, to undergo one month rigorous imprisonment. (Paras 14 to 16)

Judgment

B.P. Singh, J.—The State of Rajasthan has preferred this appeal by special leave which is directed against the judgment of acquittal recorded by the High Court of Judicature for Rajasthan, Jaipur Bench, Jaipur in S.B. Criminal Appeal No. 86 of 1996 and S.B. Criminal Jail Appeal No. 51 of 1996. By its impugned judgment and order dated March 31, 1999, the High Court while affirming the conviction of the respondent under Section 450 IPC, acquitted him of the charge under Section 376 IPC. The sentence under Section 450 IPC was reduced to the period already undergone. Earlier the trial court had found the respondent guilty of the offence under Section 376 IPC and sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1,000/-. Under Section 450 IPC, the respondent had been sentenced to undergo rigorous imprisonment for five years apart from payment of fine of Rs. 1,000/-.

2. The case of the prosecution is that the prosecutrix Smt. Geeta Bai (P.W.1) is a widow aged about 35 years. Her husband had died a few years before the date of occurrence leaving behind three children out of whom the eldest being a daughter had also died. The prosecutrix was working as a labourer at a construction site and lived in a house along with her children, mother Smt. Sushila (P.W.2) and brother Mangi Lal (P.W.7). According to the prosecution, on February 2, 1994, the respondent misbehaved with the prosecutrix in a drunken state but on intervention of Ram Kalyan (PW-9), he was prevented from causing any harm to the prosecutrix. On the same night, while the prosecutrix was sleeping in her room along with her four years old child, the respondent entered the room armed with a knife, threatened her, gagged her and thereafter committed rape. After that, he ran away. The prosecutrix raised an alarm attracting to the place of occurrence her mother Smt. Sushila (P.W.2), another lady Gulab Bai (P.W.3) and her brother Mangi Lal (P.W.7). She narrated the incident to her mother Smt. Sushila (P.W.2). She informed her that she had been raped by the respondent. It is the case of the prosecutrix that on the following morning, when she was on her way to the police station to lodge a report, she was intercepted by the respondent who was armed with a gandasi and who threatened her with dire consequences if she lodged a police report. The prosecutrix was scared and did not go to the police station and returned home. After four or five days, it appears that she went to the Superintendent of Police with a written report but she was directed to lodge the report at the police station Jawar. Accordingly, the police report was lodged and a case was registered under Section 450 and 376 IPC. After investigation, the respondent was put up for trial before the learned Addl. District and Sessions Judge, Camp at Eklera (Dist. Jhalawar) who held the respondent guilty of the offences under Sections 376 and 450 IPC.

3. At the trial, the prosecution relied upon the testimony of four witnesses to prove the offence under Section 376 IPC, namely, PW-1 (prosecutrix), PW-2 (her mother Smt. Sushila), PW-3 (Gulab Bai) and her younger brother PW-7 (Mangi Lal). So far as the incident which took place earlier that day is concerned, the prosecution also examined Ram Kalyan (PW-9) who fully supported the version deposed to by the prosecutrix. The trial court relying upon the testimony of these witnesses found the respondent guilty of the offence under Sections 376 and 450 IPC. On appeal, the High Court has set aside the conviction of the respondent under Section 376 IPC but upheld his conviction under Section 450 IPC while reducing the sentence to the period already undergone by him.

4. Learned counsel appearing on behalf of the State submitted that there is cogent and reliable evidence on record to prove the commission of the offence punishable under Section 376 IPC. Apart from the evidence of the prosecutrix herself which is without blemish, there is also the ev

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2005 Supreme(SC) 641

Important pointIf Court is satisfied that evidence of prosecutrix was free from blemish and was implicitly reliable, then on sole testimony of prosecutrix conviction could be recorded.

Important point
If Court is satisfied that evidence of prosecutrix was free from blemish and was implicitly reliable, then on sole testimony of prosecutrix conviction could be recorded.