IMPORTANT POINT
Rape – Conviction can be sustained on sole testimony of prosecutrix if it inspires confidence – There is no rule of law or practice that evidence of prosecutrix cannot be relied upon without corroboration.

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 05.09.2019 passed by the High Court of Madhya Pradesh at Indore in Criminal Appeal No. 875/2000, by which the High Court has dismissed the said appeal preferred by the appellant-accused and has confirmed the judgment and order of conviction and sentence dated 31.07.2000 passed by the learned Sessions Judge, Dewas (hereinafter referred to as the learned ‘trial Court’) in Session Trial No. 05/2000 convicting the accused for the offence punishable under Section 376 IPC and sentencing him to undergo 7 years rigorous imprisonment with fine of Rs.500/-with default stipulation, the original accused has preferred the present appeal.

2. As per the case of the prosecution, in the intervening night of 9th August, 1999 and when the husband of the victim/prosecutrix went to another village and she was alone and she was sleeping in her room, the accused jumped the wall and entered into the room of the prosecutrix. Seeing the accused the prosecutrix woke up and in the light of the bulb she identified the accused. Then the accused pressed the mouth of the prosecutrix and committed rape and thereafter he fled away by jumping the wall. As per the case of the prosecutrix, she narrated the incident to her sister-in-law (Jethani) and mother-in-law but they did not believe her. On the contrary, she was beaten. That thereafter the prosecutrix also told the incident to other family members of her matrimonial house but nobody took any action. The prosecutrix sent the information to her parental house. Thereafter, her uncle and others came to her matrimonial house and the prosecutrix told them about the incident. They took her to parental house. Thereafter, an FIR was lodged on 12.08.1999. She was sent for medical examination. After completion of the investigation, charge-sheet was filed against the accused for the offence punishable under Section 376 IPC. The case was committed to the learned Court of Sessions. Accused pleaded not guilty and therefore he came to be tried for the aforesaid offence.

2.1 In order to prove the charge against the accused, prosecution examined six witnesses including the doctor who examined the prosecutrix on 12.08.1999, prosecutrix-PW3 and the Investigating Officer-PW6. One of the witnesses Rajaram-PW2 did not support the prosecution story and he was declared hostile. The accused took the plea of alibi and according to him he had gone to Indore on the day of incident and he was not in the village on that day. He examined the defence witness as DW1. The learned trial Court did not believe the plea of alibi and DW1 by giving cogent reasons. That thereafter after appreciating the evidence on record, by judgment and order dated 31.07.2000, the learned trial Court convicted the accused for the offence under Section 376 IPC and sentenced the appellant as mentioned hereinabove.

2.2 Feeling aggrieved and dissatisfied with the judgment and order of conviction and sentence passed by the learned trial Court, the appellant herein-accused preferred an appeal before the High Court. By the impugned judgment and order, the High Court has dismissed the said appeal. Hence, the present appeal is at the instance of the accused.

3. Shri Aditya Gaggar, learned Advocate appearing on behalf of the accused has vehemently submitted that in the present case the medical evidence does not support the case of the prosecutrix. It is submitted that the doctor in her deposition specifically stated that on examination it was found that there were no external or internal injuries found in the person of the prosecutrix.

3.1 It is further submitted that therefore the prosecution case rests solely on the deposition of the prosecutrix only. It is submitted that no other independent witnesses have been examined and/or supported the case of the prosecutrix.

3.2 It is further submitted that there was a delay in lodging the FIR. It is submitted that the incident took p