Rape Conviction Can Rest On Victim's Testimony Despite Failed Test Identification Parade, Negative Forensic Report: Sikkim High Court

The High Court of Sikkim has upheld the conviction of a bus driver for rape under Section 376(1) of the Indian Penal Code, holding that the victim's testimony, corroborated by medical evidence and other prosecution witnesses, was sufficient to establish the accused's guilt even though the victim had failed to identify him during a Test Identification Parade (TIP) and the forensic examination did not yield positive results.The Court observed that the negative forensic report could not override the victim's consistent account of the incident, particularly when medical evidence and surrounding circumstances supported the prosecution case. It further held that the evidentiary value of identification in court outweighed the failure of the victim to identify the accused during the investigative stage.A Division Bench of Justice Meenakshi Madan Rai and Justice Bhaskar Raj Pradhan remarked that: "However, we notice that the core of the victim's deposition in Court and her statement to the learned Magistrate that the appellant had raped her inside a bus bearing no.104 remained intact as held by the learned Special Judge…Although, the forensic evidence did not yield positive result, we are of the view that this fact alone cannot undo the evidence of the victim corroborated by the medical evidence and other prosecution witnesses."Background:The prosecution case arose from a missing report lodged by the victim's father on 22 March 2022 after his daughter failed to return home following tuition classes. During investigation, the victim was traced and admitted to a hospital, where she disclosed that she had been sexually assaulted. The police subsequently filed a charge-sheet alleging that the appellant had raped the victim inside a bus driven by him. The Special Judge framed charges under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Section 376(3) IPC on the allegation that the victim was a minor. However, while the trial court concluded that rape had been proved, it found that the prosecution had failed to establish the victim's age and consequently acquitted the accused of the POCSO charges, convicting him only under Section 376(1) IPC. The State did not challenge the finding regarding the victim's age. The Court remarked that although the victim's testimony contained certain discrepancies, core of her deposition in Court and her statement to the Magistrate that the appellant had raped her inside a bus remained intact. Further the Court noted that the testimonies of company employees, the bus owner, and a petrol pump employee corroborated the prosecution case that the appellant was driving the bus and was accompanied by a girl during the relevant period. The Court observed that according to the medical examination there was a torn hymen, reddish erythematous swelling, discharge, and bruising on the victim's body. The absence of positive forensic findings could not outweigh the victim's testimony and the corroborative medical and oral evidence adduced by the prosecution.Thus, the Court upheld the Conviction. Case Name: Sandeep Gajmer V/s State of SikkimCase No.: Crl.A.No. 30 of 2024Date of Decision: 29.05.2026Click Here To Read/Download Order

Rape Conviction Can Rest On Victim's Testimony Despite Failed Test Identification Parade, Negative Forensic Report: Sikkim High Court

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Rape Conviction Can Rest On Victim's Testimony Despite Failed Test Identification Parade, Negative Forensic Report: Sikkim High Court

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