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Conviction In Rape Case Can Be Based Solely On Credible Evidence Of Prosecutrix, Reiterates Supreme Court

LIVELAW NEWS NETWORK
18 Aug 2021 11:29 AM GMT
Conviction In Rape Case Can Be Based Solely On Credible Evidence Of Prosecutrix, Reiterates Supreme Court
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The Supreme Court reiterated that the conviction in a rape case can be based solely on the evidence of the prosecutrix.The case against the accused in this case was that when the prosecutrix was lured by him into his shop where he raped her. The Trial Court convicted the accused under Section 376(2)(l), IPC and sentenced him to rigorous imprisonment for a period of 10 years, along with a fine...

The Supreme Court reiterated that the conviction in a rape case can be based solely on the evidence of the prosecutrix.

The case against the accused in this case was that when the prosecutrix was lured by him into his shop where he raped her. The Trial Court convicted the accused under Section 376(2)(l), IPC and sentenced him to rigorous imprisonment for a period of 10 years, along with a fine of Rs.25,000/-. The conviction and the sentence was affirmed by the High Court.

Before the Apex Court, it was contended that that there is no credible evidence on the basis of which the conviction of the accused under Section 376(2) (l), IPC can be sustained. It was argued that the oral evidence of the prosecutrix is not supported by the medical evidence. On the other hand, the state contended that conviction can be based on her sole testimony. 

"It is true that there was delay in the registration of the FIR. Naturally, the medical examination of the victim 20 days after the incident would not disclose any injuries or any evidence of rape. There are certain minor contradictions in the evidence. However, we are of the considered view that the testimony of the prosecutrix, which is credible, can be the sole basis for the conviction of the appellant under Section 376(2)(l), IPC.", the bench of Justices L. Nageswara Rao and Aniruddha Bose said while dismissing the appeal.

The accused had relied on a judgment in Santosh Prasad @ Santosh Kumar vs. State of Bihar (2020) 3 SCC 443. In this regard, the bench observed:

"The judgment in the Santosh Prasad case (supra) is a case where there was a dispute of land between the prosecutrix and the accused. Taking that into account, this Court held that the contradictions in the evidence of the prosecutrix and the medical evidence has to be looked into by the courts carefully. In para 5.3 of the said judgment, this Court made it clear that the conviction can be based solely on the evidence of the prosecutrix"

Case: Vijay Peinuly v. State of Uttarakhand ; CrA 592/2020
Citation: LL 2021 SC 390
Coram: Justices L. Nageswara Rao and Aniruddha Bose
Counsel: Adv Kaleeswaram Raj, Amicus Curiae for appellant, Adv Abhishek Atrey for state

Click here to Read/Download Judgment



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