The credibility of the prosecutrix's testimony, the admissibility of her statement without corroboration, and the significance of medical and scientific evidence in cases of sexual assault.

1. The appellant Ravinder Singh @ Pappu has impugned the judgment dated 28th January, 2017 and the order on sentence dated 31st January, 2017 whereby he has been convicted for committing the offence punishable under Section 376 IPC and sentenced to undergo RI for seven years with pay a fine of Rs. 5,000/- and in default of payment of fine, to undergo SI for one month.

2. According to the prosecution case, on 28th October, 2015 on receipt of DD No.11A Ex.PW-9/D at PS Mehraulli, the investigating officer reached the place of occurrence where they met the complainant/prosecutrix ‘D’–PW-1 (name withheld to conceal the identity), who complained about being raped in the morning at about 5.00 am at her own residence by the appellant Ravinder Singh, who is her husband’s cousin’s son (husband ke mama ke ladke ka ladka). She also informed that after being raped, she managed to come out of the room and bolted the appellant Ravinder Singh in the room. She informed her husband Sh. Bhupender Singh-PW-5 on his phone about the incident and PCR was informed. The prosecutrix was sent for medical examination. The accused/appellant was also got medically examined and after completion of the investigation accused Ravinder Singh was sent to face trial for committing the offence under Section 376 IPC.

3. The prosecution examined twelve numbers of witnesses including the prosecutrix.

4. In his statement under Section 313 Cr.P.C., the appellant/accused admitted having visited the house of the prosecutrix, PW-1 in the morning but claimed the date to be 29th October, 2015 and not on 28th October, 2015 i.e. the date of occurrence. He stated that he had tea with the prosecutrix in the presence of her husband and father in law and thereafter, he left their house to visit his another uncle Sh. Balbir Singh (elder brother of husband of the prosecutrix) who was living nearby.

5. When he was questioned about him being found bolted inside the room and taken out of the room of the prosecutrix by the police on 28th October, 2015, he admitted that he was taken out of that room by the police but again insisted that the date was 29th October, 2015. He admitted that he was medically examined and subjected to potency test. As per his MLC Ex. PX, there is nothing to suggest that he is incapable of performing the sexual intercourse. On being questioned as to why this case was against him, he stated that only prosecutrix can tell as to why she has falsely implicated him. The prosecutrix used to call him a drug addict and that is why she filed this false case.

6. After considering the testimony of the prosecution witnesses especially the prosecutrix and the medical and scientific evidence, learned Trial Court held the appellant guilty under Section 376 IPC for the following reasons:-

(i) The testimony of the prosecutrix is that on the date of incident her husband left for work at about 5.00 a.m. and accused entered her house after 15 minutes thereafter. Then he left for the house of her husband’s brother but returned at about 7.00 a.m. when her father-in-law left for Gurudwara. The testimony of the prosecutrix to the effect that in the absence of her husband and father-in-law, the appellant entered in her room, closed the door from inside and pushed her on bed and committed rape on her though she pleaded with him to spare her as she was just like his mother, has been proved by her.

(ii) Her statement that after being pushed she could manage to come out of the room and bolt the door of the room from outside when the accused was still inside, has been corroborated by Ajay, PW-3 who found the prosecutrix weeping and on being asked about the reason, she informed that she had been raped by the accused Ravinder Singh and then the police control room was informed.

(iii) Testimony of PW-1, prosecutrix has been corroborated by her husband, PW-5 who stated that he left his house on 28th October, 2015 at about 5.00 a.m. leaving behind his wife and father. He also deposed that he r