The reliability of witness statements and the importance of corroborating evidence in criminal cases.

JUDGMENT :

Shiv Shanker Prasad, J.

1. This appeal has been preferred by appellant, Mahesh Rathaur against the judgment and order dated 30th May, 2013 passed by the Special Judge/Additional Sessions Judge, Etawah in Sessions Trial No. 167 of 2012 (State Vs. Mahesh Rathaur), arising out of Crime No. 234 of 2012, under Sections 323,376 and 506 I.P.C., Police Station-Bakevar, District-Etawah, whereby the accused-appellant has been convicted and sentenced to undergo imprisonment for life for the offence punishable under Section 376 I.P.C. with a fine of Rs. 10,000/-and in default thereof, to further undergo six months simple imprisonment.

2. We have heard Mr. Shiva Nand Mishra, learned counsel appearing for the accused-appellant and Mr. Arunendra Singh, learned A.G.A. for the State as also perused the entire materials available on record.

3. The prosecution story, as reflected from the records, is as follows:

On the basis of oral report made by the informant/P.W.-4, namely, Mr. Yasin Ali, a case being Crime No. 234 of 2012 under Sections 323,376/511 and 506 I.P.C. was registered on 5th April, 2012 at 03:20 p.m. at Police Station-Bakevar, District Etawah alleging therein that on 3rd April, 2012 at about 03:00 p.m., the daughter of the informant (hereinafter referred to as the “victim”), aged about 11 years, who was studying in Class-V), along with her younger brother, namely, Ansar aged about 7 years, went to jungle/ravine situated outside the village for collecting woods, where the accused-appellant, who was already present there, with an evil intention, grabbed the victim and dragged her inside the jungle/ravine and he attempted to rape her. It is also alleged that when the victim protested, she was assaulted and threatened not to disclose about the incident to her parents. After coming to her house, the victim informed her mother about the said incident. It is further alleged that since the first informant-P.W.4 had gone to his relative's place and returned only on 5th April, 2012, therefore, as soon as he came to know about the incident, he has come to the Police Station for lodging his report. On the basis of the aforesaid report, the victim was taken to the hospital by Women Constables, namely, Sunita Devi and Pinki Devi for her medical examination, where Dr. Jyotsana Bhatia (P.W.-1) examined the victim internally and for external injuries, she was referred to Emergency Medical Officer. Dr. Jai Prakash Chaudhari (P.W.-3) examined the external injuries of the victim. For knowing the correct age of the victim, she was referred to the District Hospital, Etawah for X-ray, where Dr. Dinesh Singh conducted the same.

4. Dr. Jyotsana Bhatia (P.W.-1), who conducted the medical examination of the victim internally, has opined that her hymen was torn and no mark of any injury in her private parts was found nor any bleeding was otherwise found in her private parts. On the basis of said medical examination, no definite opinion about rape was given by P.W.-1. As per the X-ray report, the victim was found to be 11 years of age. Report of the Internal examination of the victim is as follows:

“Hymen torn, vagina admits one finger, vaginal smear taken and send to pathologist. No mark of injury on private parts. No bleeding. P/V. She has not attained menarche.”

5. Dr. Jai Prakash Chaudhari (P.W.-3), who examined the external injuries of the victim, has found following four injuries on the body of the victim:

“(i) abrasion size 3 cm x 0.5 cm on outer aspect left arm, 18 cm. Above left elbow; dark brownish red scab formed,

(ii) abrasion 2 cm long linear lie on back of left elbow; dark brownish red scab formed,

(iii) contusion size 4 x 2 cm on dorsum of left hand & 2 cm. above left wrist, bluish black, and

(iv) contusion 2 x 1.5 cm. on front of left leg, 7 cm below left knee, bluish black.”

In the opinion of P.W.3, all the above injuries found on the body of the victim, are simple in nature.

6. The statement of the first informant/P.W.-4 along with that of the