The court affirmed that minor contradictions do not undermine the credibility of a victim's testimony in cases of rape, particularly where the evidence indicates duress and threats.

1. Challenge in this appeal is to the judgment of conviction and order of sentence dated 29-4-1998 passed by the Additional Sessions Judge, Bemetara, the then District Durg, MP. (now CG) in Sessions Trial No. 449/96 whereby and whereunder the learned Additional Sessions Judge after holding the appellant guilty for house trespass for committing rape with the prosecutrix (PW - 1)(name not mentioned) and after giving her threat for taking her life thereafter for committing rape, convicted him under S.450, S.506B, S.376(1) of the Indian Penal Code, 1860 (in short 'the IPC ') and sentenced him rigorous imprisonment for 3 years, 1 year and 7 years, respectively and fine of Rs.500/-, Rs.300/- and Rs.500/- respectively, in default of payment of fine, additional rigorous imprisonment for 2 months, 1 month and 2 months, respectively, witha direction to run all the three substantive sentences concurrently.

2. Conviction is impugned on the ground that without there being any iota of evidence the Court below has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

3. As per the case of prosecution, on 23-8-1996, at 11.00 p.m., the prosecutrix (PW - 1) was sleeping in her house by closing the door from inside, her husband was in the village, there was no electricity, she enlightened the lamp. The appellant opened the door from outside by entering his hand, entered the house and thereafter he held her both hands and kissed her, she resisted for the same and slapped him. The garland (Vernacular matter Omitted....Ed.) belongs to the appellant worn by the appellant in his neck broke and fell down. The appellant took out a knife and gave her threat of taking her life. The prosecutrix (PW - 1) became very feared, thereafter, the appellant removed clothes of the prosecutrix (PW - 1) and committed rape and threatened her that if she will disclose this thing to anybody, he will take her life. After about 10 minutes, her husband returned home. She intimated the whole story to her husband. Her husband went to the appellant's house at night, the appellant also gave threat to her husband to take his life. Thereafter, the prosecutrix (PW - 1) informed the Village Kotwar regarding the incident. On account of late night and rain, the prosecutrix (PW - 1) reached police station on 24-8-1996 and at about 1.30 p.m., she lodged the report. The Investigating Officer N. S. Tripathi (PW - 7), Assistant Sub-Inspector, lodged the report at Outpost Khandsara, Police Station Bemetara vide Ex. - P / 1 which was duly registered at Police Station Bemetara as crime No. 176/96 against the appellant under S.456, S.376 and S.506B of the IPC . After registration of the First Information Report, the Investigating Officer sent the prosecutrix (PW - 1) for medical examination after obtaining the necessary permission. Dr. Nutan Awadhiya (PW - 6) examined the prosecutrix (PW - 1) and noticed no mark of injury. She gave her opinion that no definite opinion can be given regarding recent sexual intercourse. The lady doctor prepared two slides of vaginal swab of the prosecutrix (PW - 1), handed over it to the Constable and gave her report vide Ex. - P / 11. Cloth of the prosecutrix (PW - 1) was seized by the Investigating Officer vide seizure memo EX. - P / 3. Slides in sealed condition were seized from the Constable vide Ex. - P / 5. The Investigating Officer reached to the spot and from the plac