In rape cases, a victim's credible testimony can obviate the need for corroboration; if deemed incredible, corroboration becomes essential for a conviction.

JUDGMENT :

(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)

1. Here is the Appeal by the State against the judgment and order of acquittal.

2. Being dissatisfied by the judgment and order passed by the learned Additional Sessions Judge, Himmatnagar, Sabarkantha, dated 31.08.2001, acquitting the respondent from the offence under Sections 323, 363, 366, 376 of the IPC, State has preferred instant appeal under Section 378 of the Cr.P.C.

3. This Court has heard Mr. J. K. Shah, learned Additional Public Prosecutor, learned Counsel Ms. Dilbur Contractor for the respective parties.

4. Brief facts giving rise to file the present Appeal are that, the respondent accused was charged with the kidnapping and rape of girl aged about 16 years and 9 months. Both the parties were resident of village: Dharasan, Sabarkantha. According to case of the prosecution, on 10.09.1997, the prosecutrix and her cousin sister went for study at Bhiloda and they returning in public transport vehicle and at about 8-00 o’clock they came down from the bus at the board of Village: Dharasan. The accused and his cousin brother were present at the place. After seeing the victim, the respondent accused approached the victim and after giving a slap, she was dragged and taken to nearby primary school of Dharasan village, where she was forcibly raped by the accused and thereafter, she was again taken to village lake, where also, she was raped. The cousin sister PW-8 left the place and went to her house and told the facts of incident to the family. The victim in the early morning at about 4-00 o’clock reached at the house of her maternal aunt and on the next day, the complaint in the form of FIR came to be registered with Bhiloda Police Station. The investigation of the case was handed over to PW-15 Mr. Sumra. The IO during the investigation sent the victim for medical examination, arrested the accused, drew the panchnama of place of occurrence, collected the necessary samples for forensic analysis, recorded the statement of witnesses, obtained necessary medical case papers, sent the seized articles to the FSL for forensic analysis and upon completion of the investigation, submitted the chargesheet in the court of Judicial Magistrate.

5. Since the case was exclusively triable by the Sessions Court, the Court committed the case to the Sessions Court, who has been culminated into Sessions Case No. 107 of 1997.

6. The learned Additional Sessions Judge, Himmatnagar, Sabarkantha framed charge under the aforesaid sections against the accused to which, they pleaded not guilty and claimed trial.

7. In order to prove the charge, the prosecution has examined 15 material witnesses:

8. During the course of the trial, the prosecution has proved and produced following documents: