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2007(5) Supreme 698
Supreme Court of India
(From Karnataka High Court)
R.V. Raveendran & Lokeshwar Singh Panta, JJ.
B. C. Deva @ Dyava — Petitioner
versus
State of Karnataka — Respondent
Appeal (crl.) 205 of 2001
Decided on : 25-07-2007
Facts of the case :
In the year 1991, the prosecutrix (PW-2), her mother Jayanthi (PW-3) and father Raju (PW-13) were working in Athoor Coffee Estate. They were living in the labour colony of the estate. B. C. Deva @ Dyava – the accused, was also working as Mistry in the same Coffee Estate. On 28.03.1991, when after lunch break, the prosecutrix was returning to the Coffee Estate carrying lunch box for her mother, the accused suddenly came behind her, held and dragged her to a distance of about 10 feet inside the coffee garden. According to the prosecution version, the accused committed forcible sexual assault on the prosecutrix and then ran away from the spot of occurrence. The prosecutrix immediately informed her mother (PW-3) about the incident. The prosecutrix decided to commit suicide and eventually jumped into nearby water tank located in the Coffee Estate. However, she was pulled out of the water tank by PW-4 with the help of his associates. The prosecutrix along with her parents went to Police Station, Suntikoppa and lodged a complaint (Ex.P-2).
The learned Sessions Judge, having found prima facie case against the accused, framed the charge under Section 376, IPC.
The Trial Court, after considering the entire evidence on record, recorded conviction and imposed sentence as aforesaid upon the accused.
The High Court, on reappraisal and re-appreciation of the entire evidence on record, confirmed the conviction and sentence.
Findings of the Court :
The prosecutrix is a trust-worthy witness and her evidence cannot be brushed aside on the above-noted flimsy plea raised by the accused.
Result : Appeal dismissed.
The legal document clearly establishes that when the evidence of the prosecutrix is trustworthy and credible, the findings of the trial court and the high court should generally be upheld, especially when these findings are based on a thorough evaluation of the evidence (!) . In this case, the prosecutrix's testimony was detailed, consistent, and supported by corroborative witnesses, such as her mother and other independent witnesses, which reinforces her credibility (!) (!) .
Furthermore, the fact that the prosecutrix disclosed the incident promptly to her family and police, and her subsequent actions, such as attempting suicide, demonstrate her emotional distress and the truthfulness of her account. The absence of physical injuries or seminal stains on her clothing does not necessarily negate her testimony, as medical evidence alone is not conclusive in cases of sexual assault, especially when the oral testimony is strong and consistent (!) (!) .
Additionally, the courts have recognized that the absence of physical injuries or corroborative medical evidence does not automatically disprove the occurrence of sexual assault, particularly when the victim's testimony is corroborated by independent witnesses and is otherwise credible. The consistency of her account, her emotional state, and the supportive evidence justify the conclusion that her testimony is trustworthy (!) .
Given these considerations, there is no justifiable reason to interfere with the concurrent findings of guilt by the trial and appellate courts. The evidence sufficiently supports the conviction, and the argument that reliance solely on the prosecutrix's testimony is insufficient does not hold, especially where her testimony remains credible and unshaken (!) .
In summary, the argument that the conviction should be overturned due to lack of physical injuries or independent corroboration is weak, as the overall evidence, including the prosecutrix's credible testimony and supporting witnesses, provides a legally sound basis for upholding the conviction.
JUDGMENT
Lokeshwar Singh Panta, J.—
1.The appellant has filed this appeal against the judgment dated 01.03.2000 passed by the learned Single Judge of the High Court of Karnataka at Bangalore in Criminal Appeal No.334/96, confirming the conviction and sentence of 7 years R.I. imposed upon the appellant in respect of the offence punishable under Section 376 of the Indian Penal Code [for short “IPC”] and to pay a fine of Rs. 5,000/- with default stipulation for six months R.I. awarded by the learned Principal Sessions Judge, Madikeri, on 11.04.1996 in Sessions Case No. 32/93.
2.Brief facts, which led to the trial of the appellant, are as follows :
3.In the year 1991, the prosecutrix (PW-2), her mother Jayanthi (PW-3) and father Raju (PW-13) were working in Athoor Coffee Estate. They were living in the labour colony of the estate. B. C. Deva @ Dyava - accused herein, was also working as Mistry in the same Coffee Estate. On 28.03.1991, the prosecutrix and her mother had gone to the Coffee Estate for picking up coffee seeds whereas the father joined his routine duty of driving the tractor. During lunch time, the prosecutrix had gone to her house for taking mid-day meal. When after lunch break, the prosecutrix was returning to the Coffee Estate carrying lunch box for her mother, the accused suddenly came behind her, held and dragged her to a distance of about 10 feet inside the coffee garden. The accused shut the mouth of the prosecutrix with his left hand and laid her on the ground underneath the coffee plants. According to the prosecution version, the accused committed forcible sexual assault on the prosecutrix and then ran away from the spot of occurrence. The prosecutrix immediately informed her mother (PW-3) about the incident. The prosecutrix decided to commit suicide as she was unable to bear the dishonour and disgrace caused to her reputation by the act of the accused and she felt that after this incident no suitable boy will offer to marry her. The prosecutrix eventually jumped into nearby water tank located in the Coffee Estate. Shashappa (PW-4), Yashodhara (PW-5), one Babu and Vishwanath, who were doing repair work on the pump house near the water tank, heard the sound from the water tank side. They rushed to the water tank and found the prosecutrix struggling in the water. She was eventually pulled out of the water tank by PW-4 with the help of his associates On being questioned, the prosecutrix disclosed to PW-4 that she wanted to commit suicide as she was sexually assaulted by the accused. PW-5 went and informed PW-3, the mother of the prosecutrix, about the incident. Both PW-3-the mother and PW-13-the father of the prosecutrix took the prosecutrix to Peryase (PW-6)-Estate Writer of the Coffee Estate and informed him about the incident. PW-6 advised them to lodge police report in the Police Station. Accordingly, the prosecutrix along with her parents went to Police Station, Suntikoppa and lodged a complaint (Ex.P-2) to Naga (PW-14), PSI of the Police Station. On the basis of the said complaint, PW-14 registered a case Crime No.35/91 and submitted First Information Report (Ex.P-6) to the Ilakka Magistrate. PW-14 sent the victim to Madikeri Government Hospital for medical examination. Dr. Nagendramurthy (PW-15), a Deputy Surgeon in the District Hospital, examined the prosecutrix at about 9.15 p.m. and referred her to a Gynaecologist for further examination and opinion. On the same day, Dr. Sachidananda, Gynaecologist, examined the prosecutrix and furnished his opinion. On 29.03.1991, PW-14, the Investigating Officer, went to the place of incident and held the necessary spot mahazer (Ex. P-4) in the presence of PWs-2 and 8 Changappa. Head Constable Revanna (PW-9) arrested the accused at Suntikoppa market and produced him before PW-14, who seized the underwear of the accused vide mahazer (Ex.P-5) prepared in the presence of panch witnesses. The accused was sent for medical examination. Dr. Shivaram Naik (PW-16) examined the
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