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2004(3) Supreme 418
SUPREME COURT OF INDIA
(From Madhya Pradesh High Court)
N. Santosh Hegde & B.P. Singh, JJ.
State of Chhattisgarh -Appellant
versus
Derha -Respondent
Criminal Appeal No. 667 of 1998
Decided on 21-4-2004
Counsel for the Parties :
For the Appellant : Rajesh Srivastava, Ms. Suparna Srivastava, Rahul Srivastava, Advocates.
For the Respondent : Ms. K. Sharda Devi, Advocate.
Held : We first notice from the evidence of PW-3 the doctor that the injuries suffered by PW-2 could not have been self-inflicted. There was blood on her private part, the hymen was torn and medial side of the labiaminora was inflamed. This was even after 4 days of the incident. The doctor in specific terms had stated that the victim is not habituated to sexual intercourse. The mere fact that to a suggestion made in the cross-examination that such injuries could be suffered by the victim by falling on a hard and blunt substance, by itself, in our opinion, would not suffice to reject the evidence of PW-2 who had no enmity whatsoever to implicate the respondent-accused. The suggestion which has come in the form of 313 statement merely says that there was some enmity between the parents of the accused and that of the victim. Neither the nature of enmity nor gravity of the same has been stated, therefore, that explanation would be of no assistance to the accused to establish the fact that he has been falsely implicated. The law is well settled in regard to the evidence of a prosecutrix. It is now well established that if the court is satisfied from the evidence of the victim a conviction can be solely based on such evidence without looking for further corroboration. Same can be done because prosecutrix is no more treated as an accomplice in the crime. In the instant case the factum of injury suffered by PW-2 and the opinion of the doctor that such injury could have been caused by sexual intercourse and the victim having not been habituated to earlier sexual intercourse itself goes to show that the injury suffered by the victim was one that could have been caused only by an act of rape as alleged by the prosecution. Even in identification of the accused by the victim we have no doubt because he was known to the victim. We have noticed the fact that there has been some delay in filing the complaint which according to us has been explained by PW-1 mother. The fact that their father was out of station on the date of occurrence is not disputed. In such circumstances since it is a minor who was violated the possibility of there being hesitation on the part of mother to lodge a complaint cannot be over ruled. Even otherwise the mere factum of delay in filing complaint in regard to an offence of this nature by itself would not be fatal so as to vitiate the prosecution case. The fact that the accused did not suffer any injury on his private part also will not be of much help to him because he was medically examined 4 days after the incident in question. For the reasons stated above we are satisfied that the High Court was in error in taking a view different from that of the trial court and acquitting the accused. (Paras 7 and 8)
Victim's Testimony in Rape Cases
A conviction for rape can be based solely on the evidence of the victim (prosecutrix) if the court is satisfied with it, without requiring further corroboration, as the prosecutrix is not treated as an accomplice. [IMPORTANT POINT] (!) [1000087710006]
Medical Evidence Supporting Rape
Injuries such as blood on private parts, torn hymen, and inflamed labia minora (even after 4 days), along with the opinion that the victim was not habituated to sexual intercourse and injuries were not self-inflicted, corroborate rape. A mere suggestion that injuries
JUDGMENT
Santosh Hegde, J.-Respondent herein was charged of an offence punishable under section 376(2) of the Indian Penal Code before the Second Additional Sessions Judge, Durg, M.P. The trial court found him guilty of the offence charged and sentenced him to undergo RI for 10 years. In appeal filed against the said conviction and sentence before the High Court of Madhya Pradesh at Jabalpur, the High Court allowed the appeal, setting aside the said conviction and sentence. It is against the said judgment of the High Court u/s. 376(2)(F) the State of Madhya Pradesh is in appeal before us. Brief facts necessary for the disposal of this appeal are as follows:
2. Complainant Manbai was residing with family at Kaktipara within the jurisdiction of Rajhara Police Station. Her family consisted of her husband, 2 sons aged 12 and 6 years and a daughter about 8 years. It is stated that on 6.3.1990 her husband had gone out of station and at about 4 p.m. when she had gone to work as a labourer at the Railway colony, the respondent herein forcibly took her daughter Duleshwari PW-2 to his house and committed rape on her. Prosecution alleges that said PW-2 returned home and after arrival of her mother, told her about the incident in question but since the father of the victim was not in station they did not lodge any complaint. The further case of the prosecution is that the father of the victim came back to the house on 7.3.1990 and when he was told about the said incident he decided that the accused should be first traced and taken to the Police Station and thereafter they should lodge a complaint. In that process the prosecution alleges that on finding the accused on 10.3.1990 the parents of PW-2 went to the Police Station and lodged a complaint in regard to the incident which took place on 6.3.1990. PW-6, I.O. who was Incharge of the Police Station as on that date, took down the statement of PW-1, the mother of the victim and registered the case. He also seized the underwear of the victim and after arrest of the accused, seized his trousers of brown colour. The seized articles were sent for chemical examination. Said I.O. then sent the victim PW-2 and the accused for medical examination and on receipt of the medical reports, filed a chargesheet as stated above.
3. Prosecution in support of its case relied on the evidence of the mother of the victim PW-1, the victim herself who was examined as PW-2 and the doctor PW-3 who examined the victim. The accused was examined by one Dr. G.R. Naamdev on 10.3.1990. The trial court relying on the evidence led by the prosecution came to the conclusion that the accused was known to the victim since he was staying in the same locality and the actual act of rape having been proved by the medical evidence, there was no reason why the evidence of PW-2 should not be accepted since nothing was suggested by the defence against this victim. The only suggestion made was that there was some dispute between the parents of the victim and the accused without giving any particulars whatsoever of such enmity. The trial court also came to the conclusion that though there was delay in filing the complaint said delay was properly explained by the prosecution which was mainly due to the fact that the father of the victim was not in station on the said date of the incident and after he came back to the station they had decided first to trace the accused before lodging a complaint in question. Thus primarily based on the evidence of PW-2, the victim and the medical evidence which proved the factum of rape and there being no enmity or reason for PW-2 to state falsely convicted the accused, as stated hereinabove.
4. In the appeal filed by the accused before the High Court the High Court firstly found that the delay in lodging a complaint was fatal to the prosecution case. The explanation given in regard to this delay was rejected by the High Court. The High Court also came to the conclusion that it was not safe to rely on the e
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