R.V.RAVEENDRAN, B.SUDERSHAN REDDY
Radhu – Appellant
Versus
State of Madhya Pradesh – Respondent
Key Points: - The prosecutrix’s testimony may be sufficient for conviction in rape cases even without corroboration, due to the nature of the offence; minor discrepancies should not automatically discard her testimony. (!) - Medical evidence showing no injuries or inconclusive findings does not by itself falsify the rape claim, and old hymenal rupture or lack of injuries cannot alone negate the possibility of rape. (!) (!) - Inconsistencies and discrepancies in the prosecutrix’s account, as well as lack of corroboration from independent witnesses, can lead to acquittal if the evidence fails to establish the charges beyond reasonable doubt. (!) (!) (!)
JUDGMENT
RAVEENDRAN, J.—
1.In this appeal by special leave by the accused, the judgment of the High Court of Madhya Pradesh dated 12.9.2003 in Criminal Appeal No. 270 of 1993, affirming the judgment dated 25.5.1993 in Sessions Trial No.127/1991 passed by the II Additional Sessions Judge, Khargone, convicting and sentencing the accused under sections 376, 323 and 342/34, is under challenge.
2.In brief the prosecution case is as follows : On 28.1.1991 at about 8 p.m., prosecutrix Sumanbai, went to a shop for purchasing some groceries. On her way to the shop, Gyarsibai, a relative, invited her to come inside her house. When she entered Gyarsibai’s house, her son Radhu who was in the room came out, dragged her inside the room and confined her in the room during the entire night. During the night, he sexually assaulted her by inserting his penis in her vagina twice. When she cried, Radhu gagged her mouth with a piece of cloth. Radhu freed her only the next day (Tuesday) morning. She went back to her house and told her mother Lalithabai (PW-4) about the incident. As her father Mangilal (PW-7) had gone out of town, her mother sent Dinesh to inform him about the incident. When her father re
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.