The probative value of identification of the accused in court, without a prior test identification parade, is minimal and requires corroborative evidence.

Headnote:
Jail Appeal - Conviction under Sections 363 and 376 I.P.C. - [RAPE] - [Sections 363, 308, 376 I.P.C.] - The court discussed the delay in lodging the first information report, the medical examination report, and the identification of the accused. The court found that the prosecution failed to prove the guilt of the accused beyond reasonable doubt. The accused was acquitted and released after almost ten years of incarceration.
Fact of the Case:

The accused was convicted and sentenced for rape and kidnapping. The prosecution alleged that the accused took a six-year-old girl to a jungle, raped her, and caused injuries. The first information report was lodged two days after the incident. The medical examination report showed no opinion about rape, and the victim did not identify the accused during the trial.
Finding of the Court:

The trial court found the accused guilty based on the prosecution evidence. However, the High Court found material contradictions, inconsistencies, and discrepancies in the statements of the prosecution witnesses. The court held that the prosecution failed to prove the guilt of the accused beyond reasonable doubt.
Issues: Delay in lodging the first information report, identification of the accused, and medical examination report.
Ratio Decidendi: The court held that the identification of the accused by the victim in court, without a prior test identification parade, was of minimal probative value. The court also emphasized the importance of corroborative evidence for identification in court.
Final Decision: The appeal was allowed, the judgment and order of conviction were set aside, and the accused was released.

JUDGMENT :

Shiv Shanker Prasad, J.

1. This jail appeal has been preferred by accused-appellant, namely, Ram Sewak @ Baura against the judgment and order dated 21st January, 2015 passed by the Additional Sessions Judge, Court No.1, Banda in Sessions Trial No. 188 of 2013 (State Vs. Ramsewak @ Baura) arising out of Crime No. 363, 308 and 376 I.P.C., Police Station-Pailani, District-Banda, whereby the accused-appellant has been convicted and sentenced to undergo to (i) life imprisonment under Section 376 I.P.C. with fine of Rs. 40,000/-, in default thereof, he has to further undergo eight months’ additional simple imprisonment and (ii) five years rigorous imprisonment under Section 363 I.P.C. with fine of Rs. 10,000/-, in default thereof, he has to further undergo two months’ additional imprisonment, with the observations that the total amount of fine which was to be recovered from the accused was to be paid in favour of victim as compensation and also all the sentences were to run concurrently.

2. We have heard Mr. Virendra Pratap Yadav, learned Amicus Curiae appearing for the accused-appellant no.1 and Mrs. Archana Singh, learned A.G.A. for the State. We have also perused the materials available on record.

3. The prosecution story, as reflected from the records, is as follows: On the basis of written report submitted by the informant-P.W.1, namely, Chunni wife of Rajava on 17th September, 2001 at 2115 hours for the alleged incident dated 15th September, 2001 between 10:00 a.m. to 11:00 a.m. (Exhibit-Ka/1), a first information report has been lodged on 17th September, 2001 as Crime No. 65 of 2001, under Sections 363/308/376 I.P.C. at Police Station-Pailani, District-Banda (Exhibit-Ka/2) alleging therein that on 15th September, 2001 between 10:00 a.m. to 11:00 a.m. while seducing the daughter of the informant (hereinafter referred to as the “victim”), who was about six years of age, the relative of her neighbour, namely, Ram Jiyavan son of Ramnath, who was not known and recognized by her, took the victim to jungle where he beat her due to which she fainted and thereafter she was brutally raped by him due to which bleeding occurred from the genitals and ears of the victim. In the written report dated 17th September, 2001 addressed to the Superintendent of Police, Banda, it has been alleged that when the informant, just after the said incident, reached the Police Station for lodging of the first information report, the Station House Officer of the Police Station concerned refused to lodge the same. After lodging of the first information report, the victim was taken to the Women Hospital, Banda by the Constable Madhuri Dubey, Police Station-Women Cell, Police Office, for her medical examination, where Dr. Rekha Rani (P.W.-4), the then Medical Officer, Women Hospital, Banda on 17th September, 2001 has medically examined the victim.

4. On external examination of the victim, the Doctor found that there was no external injury on the body of the victim. On internal examination, the Doctor has opined that:

“Full circumferential recent tear of hymen with reddened brownish margin present post vaginal wall torned at 6 o'clock position in peroneal region with diamond shaped raw area of about 1 cm. x 1.5 cm dimension. Base is bluish white filled with whitish mucoid discharge. Vagina admits one finger easily whose negotiation was very painful and smeared with blood mixed discharge when taken out. Vagina smears taken and sent for pathological examination of spermatozoa. Advised X-ray Right Wrist Joint including all carpel bone and Right Shoulder Joint for confirmation of age. Supplementary report pending till X-ray report and smear report is received from District Hospital, Banda and District Women Hospital, Jhansi.”

5. In the vaginal smear report of the victim (Exhibit-Ka/5), it has been reported that vaginal smear is negative for spermatozoa. On examination of vaginal smear report (Exhibit-Ka/5), the Doctor (P.W.-2) has opined that:

“No opinion about