1. Appeal against acquittal for rape under Section 376 IPC involving a minor victim — forced sexual intercourse — conviction by Sessions Court reversed by High Court. (Para 1 )
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1999 Supreme(SC) 1341
SUPREME COURT OF INDIA
G.B.Pattanaik : M.B.Shah
State Of Sikkim
Versus
Padam Lall Pradhan
Case No. : 1773 of 1996
Date of Decision : 11/17/99
Conviction for rape can be based solely on the reliable and truthful testimony of the prosecutrix, especially when corroborated by medical evidence of defloration, regardless of perceived improbabilities regarding the circumstances of the crime.
Headnote:(A) Indian Penal Code, 1860 - Section 376 - Rape - Conviction based on testimony of prosecutrix - It is well settled that in a case of rape, the conviction can be based solely on the evidence of the prosecutrix, if the evidence of the said prosecutrix is held to be reliable and a truthful one. (Para 2)
(B) Appreciation of Evidence - Medical evidence - Rupture of hymen and defloration corroborates the testimony of the victim - Theory of improbability regarding the commission of the offence in the presence of the spouse of the accused is not a valid ground for acquittal, especially when there is no reason for a minor girl to falsely implicate the accused in a heinous crime. (Para 2)
Facts of the case:
A minor girl was brought to the house of the accused, where she was subjected to forced sexual intercourse on several occasions, including in the presence of the accused's wife. The matter was reported to a neighbor and subsequently to the authorities, leading to an FIR. The Sessions Judge convicted the accused under Section 376 IPC, but the High Court subsequently acquitted him, doubting the reliability of the victim's testimony and the medical evidence.
Findings of Court:
The prosecutrix truthfully narrated the episode, and there was no reason for her to foist a false case. The medical evidence indicating the rupture of the hymen and loss of virginity corroborated her testimony. The High Court's reasoning for acquittal was found to be perverse.
Issues: Whether the High Court erred in acquitting the accused by discarding the reliable testimony of the minor prosecutrix and the corroborative medical evidence.
Ratio Decidendi: Conviction in rape cases can be based solely on the reliable and truthful evidence of the prosecutrix. Medical evidence of defloration corroborates such testimony, and the perceived improbability of the crime occurring in the presence of a spouse does not override the credible evidence of a minor victim.
Result: Appeal allowed.
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2. State contends High Court's acquittal was perverse and medical evidence corroborates victim; accused argues medical evidence is insufficient to prove sexual intercourse. (Para 2 )
3. Victim's testimony is reliable and corroborated by medical evidence of hymen rupture; improbability of crime occurring in presence of spouse is not a valid ground for acquittal. (Para 2 )
4. Conviction for rape can be based solely on the evidence of the prosecutrix if such evidence is held to be reliable and truthful. (Para 2 )
5. Order of acquittal set aside — conviction and sentence passed by the Sessions Judge upheld — appeal allowed. (Para 2 )
6. Can a conviction for rape be based solely on the victim's testimony?
Yes, it is well settled that in a case of rape, the conviction can be based solely on the evidence of the prosecutrix, provided her evidence is found to be reliable and truthful. (Para 2 )
7. Does the presence of a spouse make the occurrence of rape improbable in the eyes of the law?
No, the court rejected the theory of improbability that rape cannot occur in the presence of a spouse, particularly when there is no reason for a minor victim to falsely implicate the accused. (Para 2 )
8. What is the evidentiary value of medical evidence showing a ruptured hymen in rape cases?
Medical evidence indicating the rupture of the hymen and defloration serves to corroborate the vivid and truthful account of sexual assault provided by the prosecutrix. (Para 2 )
(1) THE State of Sikkim has preferred this appeal against the order of acquittal passed by the High Court of Sikkim acquitting the respondent of the charge under Section 376 IPC. The victim girl PW 3 was aged 10 years and staying with her uncle when the accused-respondent brought her to his own house. The prosecution case is that after she was brought by the accused to his own house she was being subjected to sexual intercourse by force by the accused, even in the presence of the wife of the accused inside the bedroom and elsewhere, and out of fear the victim girl had not narrated the incident till she met PW 2, a next-door neighbour and a social worker. When PW 3 met PW 2 and narrated to her the entire incident the said PW 2 took her to the Lady Councillor of the Municipal Corporation whereafter the girl was taken to the District Collector. On the advice of the District Collector, a report was lodged at the police station which was treated as FIR and the police started investigation. On completion of investigation charge-sheet was submitted against the accused respondent and his wife, who stood their trial for having committed offence under Sections 376 and 376/34 IPC. The learned Sessions Judge on the basis of the evidence of the prosecutrix as well as the evidence of PW 2 to whom the prosecutrix narrated the entire incident as to how she was subjected to sexual intercourse when she was brought by the accused to his own house and on the medical evidence came to the conclusion that the accused respondent committed the offence under Section 376. But taking into consideration the period the accused has already undergone as an undertrial prisoner and his age he was sentenced to RI for one year with a fine of Rs 1000, and in default simple imprisonment for a further 5 months. His wife, the co-accused was, however, acquitted by the Sessions Judge. On an appeal being filed, the High Court reappreciated the evidence on record and was swayed away not to rely upon the testimony of the prosecutrix PW 3 on the ground that PW 2, who was inimical towards the accused was possibly instrumental in foisting a false case, and according to the High Court the medical evidence did not support the case of the offence of rape.
(2) THE learned counsel for the State submitted with vehemence that a cursory look at the impugned judgment of the High Court would indicate that the very approach was itself perverse and there has been no manner of appreciation of the evidence on record and it has not been indicated as to why a minor girl would foist a false case on the accused, even assuming there was some enmity between PW 2, the neighbour and the accused. According to the learned counsel for the appellant the medical evidence indicating rupture of hymen and that the girl was found to deflorate, would corroborate the evidence of PW 3, the victim herself, who has given a vivid account as to how she was subjected to sexual harassment and intercourse by the accused soon after she was brought by the accused to his own house. The learned counsel appearing for the accused respondent, on the other hand, contended that since the medical evidence does not positively indicate that the girl was subjected to sexual intercourse, the High Court was justified in recording an order of acquittal and there is no perversity in the matter of appreciation of the evidence made by the High Court in the impugned judgment. In view of the rival submissions at the Bar, we have been taken through the evidence of the prosecutrix PW 3, the evidence of the neighbour PW 2 to whom the prosecutrix had narrated the incident whereafter the matter was reported to the police, the evidence of the doctor, who had examined the prosecutrix, and the evidence of another doctor, who had examined the accused. On going through the evidence of the aforesaid witnesses, we have no manner of doubt that the prosecutrix PW 3 has truthfully narrated the entire episode and there is no reason as to why it c
