2026 Supreme(Online)(Chh) 17629

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Ravindra Kumar Agrawal, J
Sunil Yadav – Appellant
Versus
State of Chhattisgarh – Respondent
CRA No. 1865 of 2022

The evidence of a victim of sexual assault, if found cogent and consistent, is sufficient for conviction without the need for strict corroboration. Courts must treat such victims with sensitivity, and minor discrepancies in testimony that do not touch the core narrative do not invalidate the prosecution's case.

Headnote:(A) Indian Penal Code, 1860 - Sections 363, 366 - Protection of Children from Sexual Offences Act, 2012 - Sections 5(g)/6 - Code of Criminal Procedure, 1973 - Section 374(2) - Conviction for kidnapping and sexual assault on a minor - Testimony of the victim is the primary evidence - Corroboration by medical and forensic evidence - Identification of accused in a test identification parade holds evidentiary value if credible. (Paras 2, 17, 19, 26)

(B) Evidence of a victim of sexual assault - Whether corroboration is essential - In the Indian social context, the testimony of a victim of sexual assault should not be viewed with suspicion. It holds weight akin to an injured witness. Corroboration is not a rule of law but a matter of prudence. If the witness is sterling and consistent, a conviction can be based solely on her testimony. (Paras 28, 29, 30, 31, 32)

(C) Determination of Age - Adopting Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules - School records as the primary documentary proof - Conclusiveness of entries in the school register when properly proved. (Paras 11, 12, 13)

Facts of the case:
The victim, aged approximately 14-15 years, was abducted while running errands and subjected to sexual assault by multiple individuals. Upon regaining consciousness, she reported the incident to her family. A criminal case was registered, and the investigation proceeded based on initial victim reports and subsequent identification processes. The trial court convicted the appellant, relying on the victim's testimony and medical evidence, including findings of injuries and forensic reports confirming DNA presence, while acquitting a co-accused due to lack of identification.

Findings of Court:
The court found the testimony of the victim to be consistent, natural, and reliable. The age of the victim was established as below 18 years based on school records. The identification of the appellant during the test identification parade was upheld as credible and corroborated by medical evidence (fresh injuries) and the forensic laboratory report (semen/sperm matching).

Issues: Whether the victim was a minor at the time of the offence, whether the identification of the appellant was reliable, and whether the testimony of the victim was sufficient to convict in the absence of independent witnesses.

Ratio Decidendi: The evidence of a victim of sexual assault, if credible, does not require strict corroboration. The court found that the victim's testimony was supported by medical and forensic evidence, thereby completing the chain of circumstances to prove the guilt of the accused beyond reasonable doubt.

Result: Appeal dismissed.