The Supreme Court has upheld the conviction of a man accused of raping a minor, even though it found that there were inconsistencies in the statements given by the prosecuterix.
The appellant in this case was one of three accused involved in rape of a minor girl in Bihar whose conviction was upheld by the Patna High Court, by dismisssing their appeal.
The bench of Justice SA Bobde and Justice L Nageswara Rao observed the evidence of the prosecutrix is not wholly consistent with her statements under Section 164, CrPC. The bench said: “She says at one place that she was alone at home. In her evidence in Court, she says that her sister was with her. Secondly, though the prosecutrix claimed that there were injuries on her lips and near her private parts, neither there is any evidence on record to that effect nor there is medical certificate to show external injuries.”
The bench also observed that neither the doctor nor the investigating officer was examined by the prosecution.
The court, however said that it is not possible to acquit the appellant of the offence, in view of the statement made by the prosecutrix that she was in fact raped by the three accused near her house when she had gone out to attend the call of the nature. “It is not possible to discredit her testimony about the incident which took place when she was 13 years old,” the bench said.
The court then ordered to reduce the sentence imposed upon the appellant from 10 years to a period of 8 years already undergone.