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2009(7) Supreme 584
SUPREME COURT OF INDIA
J.M. Panchal and Deepak Verma, JJ.
Wahid Khan — Appellant
versus
State of Madhya Pradesh — Respondent
Criminal Appeal No. 1798 of 2008
Decided on : 01-12-2009
Facts of the Case :
Present appeal has been filed by appellant against order of conviction passed by Trial Court for offence of rape and as confirmed by High Court.
Findings of the Court :
In a case of rape, testimony of a prosecutrix stands at par with that of an injured witness. It is really not necessary to insist for corroboration if the evidence of the prosecutrix inspires confidence and appears to be credible. However, in the case in hand, even without the examination of doctor, the evidence of prosecutrix stood fully corroborated by the evidence of P.W.3-Sub-inspector of the police station who virtually caught appellant red-handed. Thus, even if doctor had not been examined it would not throw or completely discard the prosecution story. The evidence of prosecution witnesses was fully trustworthy and there was no reason to doubt genuineness thereof. Instantly there was consistency in the evidence of prosecutrix, which corroborated by the evidence of P.W.3-who had no axe to grind against the appellant. Even though hymen of the prosecutrix was found to be in tact, it could not be said that an offence of rape was not committed on her by appellant as to constitute the offence of rape, it is not necessary that there should be complete penetration of penis with rupture of hymen . Even a slightest penetration is sufficient to make out an offence of rape. Evidence on record fully established that it was appellant who had committed offence of rape. Appeal dismissed.
JUDGMENT
Deepak Verma, J.—
1. A minor girl aged about 12 years was subjected to rape by the appellant on 14th October 1988. The appellant was charged and prosecuted for commission of offence under Sections 366 and 376 of the Indian Penal Code (for short, ‘IPC’) and the co-accused Sneh Lata was charged under Sections 342 and 366, IPC in the Court of III Additional Sessions Judge, Bhopal in Sessions Case No.53/89.
2. Judgment was pronounced in the said Sessions Case on 17th May 1991 wherein and whereby co-accused Sneh Lata was acquitted of the charges levelled against her, but the appellant was found guilty of commission of offence under Section 376, IPC and was awarded seven years’ rigorous imprisonment. Insofar as the charge levelled against him under Section 366 was concerned, he was acquitted by the said court.
3. Feeling aggrieved by the said judgment of conviction, appellant preferred Criminal Appeal No.548 of 1991 in the High Court of Madhya Pradesh at Jabalpur. Learned Single Judge, after considering the matter from all angles, came to the conclusion that the findings recorded by the learned Sessions Judge were based on material evidence available on record, thus, proceeded to confirm the findings of guilt as also the punishment awarded to him by judgment dated 29th September 2006.
4. It is against this judgment, the present criminal appeal by special leave has been preferred by him.
5. Facts, which are in short compass, are mentioned hereinbelow.
6. Although the prosecutrix-P.W.1 was resident of Gadarwara, she had come to Bhopal about four months prior to the date of occurrence. In Bhopal, she was staying with her relative. She had gone to an Ayurvedic Hospital for treatment where she came in contact with acquitted co-accused Sneh Lata, who showered love and affection on her. Thus, she was allured by Sneh Lata and went to stay with her. The record shows that she was kept in wrongful confinement at her house. She used to be beaten up and was not allowed to leave the house. Many boys and girls used to visit the said house of Sneh Lata.
7. On 14th October 1988, she gave Rs.10/- to the prosecutrix, with which the prosecutrix went to Bhopal Talkies to watch the matinee show. After the movie, when she came out of the theatre, she found a few boys standing there who started teasing her. In the meanwhile, the appellant- accused Wahid came there in his auto who voluntarily offered to help her. She requested him to drop her to her relative’s place but instead of taking her to the house of relative of the prosecutrix, he proceeded towards airport via Lal Ghati. She tried to stop the accused from proceeding in the wrong direction, but, he continued to ply the auto-rickshaw. In the darkness, near bushes he stopped the auto and used filthy language against her. He also threatened to kill her if she raised hue and cry. After gagging her mouth, he took her to the nearby bushes and removed her under-garments. He also removed his pants and under-garments and committed rape on her. At that very point of time, some sharp light came followed by two police personnel coming there and catching him red-handed while performing intercourse with the prosecutrix.
8. Both of them were taken to the Bairagarh Police Station where FIR (Exh. P-1) was lodged by the prosecutrix. She was sent for her medical examination and accused was also sent for his medical examination.
9. After usual investigation, chargesheet was filed against appellant and co-accused Sneh Lata for commission of offences as mentioned hereinabove for which they were tried and upon completion of trial, the appellant was found guilty for commission of offence under Section 376 of the IPC.
10. The conviction of the appellant is founded on the evidence of P.W.1-prosecutrix as also the evidence of P.W.3- B.B. Subba Rao, Sub-inspector who had caught him red-handed while he was committing rape. Medical report dated 15th October 1988 of the prosecutrix is on record. It records that her hymen
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