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IN THE HIGH COURT OF MADHYA PRADESH
N. C. DWIVEDI, J.
Ramratan - Appellant
Versus
State of M. P. - Respondent
Cr. A. No. 92 of 1977 (G)
Decided on : 19-11-1977
1. Before discussing the prosecution evidence, it will be essential to state the law in regard to appreciation of evidence in cases of rape. The rule which according to the cases has hardened into one of law is not that corroboration is essential before there can be a conviction, but that the necessity of corroboration as is a matter of prudence except where the circumstances make it safe to dispense with it, must be present to the mind of the Judge, and in jury case, must find place in the charge before a conviction without corroboration can be sustained. The tender year of the child which is the victim of a sexual offence, coupled with other circumstances appearing in the case such as, for example as its demeanor, unlikelihood of tutoring and so forth may render corroboration unnecessary; but that is a question of fact in every case. The only rule of the law is that this rules of prudence must be present to the mind of the Judge, or the jury as the case may be and be understood and appreciated by him or them. There is no rule of practice that there must in every case be corroboration before a conviction can be allowed to stand. Rameshwar v. State of Rajasthan, AIR 1952 SC 54, Sidheshwar Ganguly v. State of West Bengal, AIR 1958 SC 143, relied on.
Appeal dismissed.
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