The reliability of the prosecutrix's testimony and the need for corroboration in rape cases.

Anita Chaudhary, J.

1. This judgment would dispose of Criminal Appeal No. 1992-SB of 2007 bearing title Amit Kumar @ Vicky vs. State of Punjab and Crl. Revision No. 1331 of 2008 bearing title Ranjit Kaur vs. The State of Punjab and Another. Appellant Amit was convicted under Section 376 IPC and sentenced to undergo rigorous imprisonment for 7 years and pay-a fine of Rs. 3,000/- and in default of payment to further undergo rigorous imprisonment for 5 months in FIR No. 165 dated 23.04.2005, registered at Police Station Sadar, Hoshiarpur.

2. Unfolding the factual matrix, the prosecutrix (name withheld) made a written complaint to the police on 19.04.2005. She was married to one Paramjit Singh about 10 years ago and had two children. Her husband went abroad and did not return. She returned to live with her mother at village Khanoor. Appellant Amit was a friend of her brother Sukhjit. He used to come to her house often. Sukhjit went abroad about one and a half months prior to the incident. The appellant came to the house of the prosecutrix when she was alone. On that day her mother had gone to Hoshiarpur for some personal work. The complainant was suffering from temperature. The appellant came to enquire about her health. She disclosed to him that she was running temperature. The accused left the house to bring medicine. The appellant brought some medicine and gave it to her. The prosecutrix took the tablets and fell unconscious. She regained consciousness after an hour and found that she was not wearing her Salwar and had been raped. After few days, the appellant again visited her house, the prosecutrix asked him to leave but the accused insisted on staying and disclosed that he had taken some photographs of her in a naked position and if she did not fulfil his demands, he would paste her photographs on the village walls. The allegations made by the prosecutrix were that the accused continued raping her under threat. The prosecutrix has also mentioned that the appellant had shown her some of the photographs and asked her to part with her gold ornaments. Allegations were made that the appellant had threatened to eliminate her children as well.

3. The above complaint was sent to the SHO of the concerned Police Station for inquiry. On the basis of the complaint, the FIR was lodged on 23.04.2005. The prosecution case is that the accused was arrested and during interrogation he had disclosed in the presence of Jasbir Singh that he had the photographs with him and could get the same recovered and that he also had the gold ornaments with him which he had converted into ornaments and they were with his wife and some ornaments had been sold. The police could not recover the photographs or the ornaments. After the completion of investigation, a report was laid in the Court under Sections 376, 383 and 506 IPC.

4. Charge was framed under Sections 376/388 IPC. The accused pleaded not guilty and claimed trial. The prosecution had examined Dr. Ritu Narad, Medical Officer PW1. On local examination she had found no external mark of injury, the hymen was absent and there was no fresh tear. The medical examination was carried out on 25.04.2005 in Civil Hospital, Hoshiarpur. Swabs from the vagina, cervix and the posterior fornix were taken which were sent to the chemical examiner. The report is Ex. PB. No spermatozoa was seen.

5. Besides it, the prosecution had examined the prosecutrix, PW3. She stated that she had been married to Paramjit Singh for the last 10 years and 5-6 years earlier Paramjit had gone abroad and had not returned and she came to reside with her mother. She stated that she had two sons from the marriage. She stated that Amit was a friend of her brother and he started visiting her house. She disclosed that one and a half month prior to 19.04.2005 when her mother was away and she was alone, the accused came and gave her some medicine as she was suffering from fever and after consuming the same, she fell unconscious. She deposed t