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SUDESH BANSAL
Kanhayalal – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Sudesh Bansal, J. - This appeal under Section 374 CrPC has been filed, challenging the judgment and order dated 17.08.1990 in Sessions Case No.157/1989 passed by the Sessions Judge, Bundi whereby and whereunder the accused-appellant has been convicted for offence under Section 376 IPC and sentenced to undergo seven years rigorous imprisonment with fine of Rs. 2500/-, in default to further undergo one year rigorous imprisonment.
2. The material and relevant facts, in brief, giving rise to the present appeal are that:
2.1 Alleged incident of rape is of 31.07.1989 and at that point of time, prosecutrix was a married woman of about 22 years, who lodged a report on 01.08.1989 at Police Station Kapren (Ex.P2), stating inter alia, that she went on her field on a day before the incident to guard her farm and when, after getting freshen up in the water body at Dhoklia wadi, she was returning at about 5-6 PM, accused Kanhaya Lal S/o Deva Gurjar, R/o Boyan Ka Khera, Kapren came there and caught her from back and dropped her on the ground; lifted her Ghagra and committed rape with her against her will. It is stated in the report that after committing sexual intercourse by accused, his
The conviction for rape based solely on the prosecutrix's testimony was quashed due to inconsistencies and lack of corroborative evidence, emphasizing the need for reliable and corroborated testimony....
The conviction for rape based solely on the prosecutrix's testimony is unsustainable without corroborative evidence, especially when inconsistencies and delays in reporting raise doubts.
Rape – Conviction can be sustained on sole testimony of prosecutrix if it inspires confidence – There is no rule of law or practice that evidence of prosecutrix cannot be relied upon without corrobor....
In a rape case accused could be convicted on sole testimony of prosecutrix, if it is capable of inspiring of confidence in mind of court. If version given by prosecutrix is unsupported by any medical....
The main legal point established in the judgment is the requirement for credible and unimpeachable testimony, as well as the need for corroboration in cases of sexual assault.
Hon’ble Supreme Court has held that in the cases where there are serious doubts regarding the sexual intercourse, the benefit of doubt has been provided upon the accused.
For a conviction in a rape case based solely on the testimony of the prosecutrix, such evidence must be corroborated, consistent, and of 'sterling quality'; absence of medical evidence and inconsiste....
The evidence of a prosecutrix must be credible and consistent for a conviction in rape cases; contradictions and lack of supporting evidence can lead to acquittal.
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