The need for corroboration in cases of doubt regarding the victim's statement in a rape case.

JUDGMENT :

Manoj Kumar Tiwari, J.

State has filed this appeal, by leave, challenging the judgment and order dated 8.8.2012, passed by 4th Additional Sessions Judge, Haridwar in Sessions Trial No. 332 of 2005, whereby respondent has been acquitted of the charges punishable under Sections 354, 376/511 IPC.

2. Prosecution story, in nutshell, is that complainant’s daughter (victim) was studying in Class IV-C in Siksha Niketan School, B.H.E.L. On 8.4.2004, her grandfather dropped her in the school at 7.20 AM. At around 10.30 AM, Headmistress telephoned in the victim’s house and informed that one person came in the school and did obscene act with the victim, outraged her modesty and tried to commit rape on her. At that time, all other students except the victim were attending prayer outside. When the victim raised the alarm, school staff reached at the spot and then that person fled away from there. On this information, father and grandfather of the victim reached at the school at around 12.30 PM and when they were coming along with the victim to their house, the victim identified that person, who was found travelling on the road and who disclosed his name to be Sheetal Kumar. Thereafter the complainant (PW1) and his father (PW7) with the help of Lahri Singh Saini (PW2) and Satyaveer Singh (PW3) apprehended the accused at around 12.45 PM and they took him to the police station and the report was lodged.

3. In the present case, prosecution has examined nine witnesses. As regards the status of witnesses, PW1 is complainant and father of victim, PW6 is victim herself and PW7 is victim’s grandfather. All three have supported the prosecution version. However, PW1 and PW7 happen to be hearsay witnesses. PW2, PW3, PW4 and PW5 are independent witnesses and none of them supported the prosecution story and declared hostile. PW8 is a formal witness, who prepared the chick FIR, and PW9 is the Investigation Officer.

4. In his statement under Section 313 CrPC, the accused stated that he was working as contractor; complainant was also working as contractor and he has fallen victim of false implication in the background of the fact that there was some strained relationship between him and the complainant due to dispute over some amount of money. In defence, DW1 Basant has been examined.

5. After appreciating the evidence, learned Trial Court held the accused not guilty and acquitted him. In holding so, the Trial Court appears to have been prompted by the following considerations which Mr. Parikshit Saini, learned Counsel for the accused, has also highlighted:

(i) PW6 (victim) is the sole witness of the alleged incident and though she supported the prosecution version, however, there are serious discrepancies in her statement and to that of PW1 (complainant) and PW7 (victim’s grandfather).

(ii) There is no corroborative evidence on the record.

(iii) Prosecution examined four independent witnesses, namely, PW2 Lahri Singh, PW3 Satyaveer Singh, PW4 Rakesh Kumar and PW5 Naresh Kumar. Out of these four witnesses, PW4 and PW5 are school staff and PW4 was present on duty at the school gate at the time of alleged occurrence. None of the independent witnesses supported the prosecution version and declared hostile. All of them stated that they did not know the accused and never saw him before.

(iv) Principal of the school, who telephonically gave information of the alleged incident in victim’s house, has not been examined.

(v) The accused was described to be an UNKNOWN person, however, from the evidence on record, it is proved that accused and complainant knew each other quite well and they were working together as contractor.

(vi) Presence of the accused at the place of occurrence could not be proved.

(vii) Prosecution did not offer any explanation as to why the prosecutrix did not join other children in prayer and remained alone in her classroom.

(viii) Why the prosecutrix allegedly told about the incident only to her Principal, and not to her class teacher or any other