Victim's Sterling Testimony, Corroborated by Medical & FSL Evidence, Sufficient for Rape Conviction under S.376(3) IPC & POCSO Act: Chhattisgarh HC - 2025-09-25

Chhattisgarh High Court Upholds Life Sentence in Minor's Rape Case, Cites Victim's 'Sterling' Testimony and Scientific Evidence

Bilaspur, Chhattisgarh – The Chhattisgarh High Court has upheld the life imprisonment sentence for Shekhar Ratre, convicted of raping a minor girl, emphasizing that a victim's credible and consistent testimony, when corroborated by scientific and medical evidence, forms an unassailable basis for conviction under Section 376(3) of the IPC and the POCSO Act.

A Division Bench comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru dismissed the criminal appeal filed by the convict, concluding that the prosecution had successfully proven its case beyond all reasonable doubt. The court meticulously analyzed the victim's testimony, her family's statements, school records establishing her age, medical reports, and a crucial Forensic Science Laboratory (FSL) report.

Case Background

The case dates back to April 14, 2019, when the victim, then aged 15 years and 9 months, was sexually assaulted by the appellant, Shekhar Ratre, in a field. The prosecution's case was that the appellant approached the victim, expressed his love and intention to marry her, and then forcibly committed sexual intercourse against her will. The victim immediately narrated the ordeal to her family, leading to the prompt filing of an FIR.

The trial court, the Additional Sessions Judge (POCSO) Fast Track Special Court in Raipur, found Ratre guilty and sentenced him to rigorous imprisonment for the rest of his natural life. Ratre challenged this conviction and sentence before the High Court.

Summary of Arguments

Appellant's Counsel: The defence argued that the conviction was unsustainable due to material inconsistencies in the statements of prosecution witnesses. It was contended that the medical and FSL evidence did not conclusively support the allegation of rape and that the victim's testimony was uncorroborated and not of "sterling quality," suggesting a case of false implication.

State's Counsel: The prosecution countered that the victim's testimony was natural, trustworthy, and consistent. They argued that in sexual assault cases, the sole credible testimony of a victim is sufficient for conviction and that minor discrepancies are not fatal to the case. The State highlighted that the prompt FIR, medical evidence, and the victim's statement under Section 164 CrPC strongly supported the prosecution's version.

Court's Analysis and Key Findings

The High Court undertook a comprehensive review of the evidence, focusing on the victim's age, the credibility of her testimony, and the corroborative value of scientific evidence.

Determining the Victim's Age

A crucial aspect of the case was establishing that the victim was a minor, making the stringent provisions of the POCSO Act applicable. The court relied on: - The victim's own statement about her date of birth (08.06.2003). - The testimony of her father and mother, which corroborated her birth year. - The school's mutation register (Ex.P-01’C’), presented by the Headmaster (PW-01), which recorded her date of birth as 18.06.2003.

Citing the Supreme Court's judgment in Jarnail Singh vs State of Haryana and Section 94 of the Juvenile Justice Act, the bench affirmed that school records are primary evidence for age determination. It concluded, "it is clear that the victim was below 16 years of age (15 years 9 months) at the time of the incident... She, therefore, qualifies as a 'child' within the meaning of Section 2(d) of the Protection of Children from Sexual Offences Act, 2012."

The 'Sterling Witness' and Corroboration

The court found the victim's testimony to be coherent, consistent, and reliable. Her account was corroborated by the immediate reporting of the incident to her mother (PW-05), father (PW-03), aunt (PW-04), and sister-in-law (PW-08). The court dismissed the defence's claim of contradictions, stating that minor variations do not affect the core reliability of their testimony.

The judgment heavily underscored the scientific evidence: - Medical Report (Ex.P-14): Dr. Sudha Samuel (PW-06) noted a torn hymen, which supported the allegation of sexual intercourse, even in the absence of external injuries. - FSL Report (Ex.P-27): This proved to be a vital piece of evidence. The court noted, "The forensic report, Ex.P-27, confirmed the presence of human semen and spermatozoa on the victim’s underwear (Exhibit “B”), the vaginal slides (Exhibit “A”), and the accused’s underwear (Exhibit “C”)."

The bench stated that this scientific analysis provided a direct link between the accused and the assault, offering "independent and objective confirmation of the commission of sexual intercourse."

Quoting the Supreme Court's definition of a "sterling witness" from Rai Sandeep @ Deenu v. State of NCT of Delhi , the High Court concluded that the victim's testimony met this high standard, as it was consistent and fully supported by other oral, documentary, and scientific evidence.

Final Decision and Implications

Finding no merit in the appeal, the court upheld the trial court's judgment in its entirety. "This Court comes to the conclusion that the prosecution has succeeded in proving its case beyond all reasonable doubts against the appellant. The conviction and sentence as awarded by the trial court to the appellant is hereby upheld," the bench ordered.

The High Court directed its Registry to inform the appellant, who is currently in jail, of his right to appeal the judgment before the Supreme Court. This judgment reinforces the legal principle that the testimony of a child victim of sexual assault holds significant weight and, when backed by robust scientific evidence, is sufficient to secure a conviction under the stringent laws designed to protect children.