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Rape Survivor's Testimony Can Be Accepted Without Corroboration When Father Is The Alleged Rapist: Delhi HC [Real Order]

Apoorva Mandhani
20 Nov 2017 8:02 AM GMT
Rape Survivor
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The Delhi High Court recently observed that a rape survivor's testimony can be accepted without corroboration, especially in a case where the rapist is her father.

"While dealing with the case of the rape wherein the offender is none else but the father, the version of the prosecutrix can be accepted without any corroboration," Justice Pratibha Rani observed.

The Court was hearing an Appeal challenging the conviction and sentence awarded to the Appellant under Section 376 of the Indian Penal Code for raping his 17 year old daughter. The Appellant had now challenged his conviction, pointing out the discrepancies in his daughter's testimony.

The Court, however, refused to accept such assertions, noting that the discrepancies were minor and that the complainant's testimony was largely reliable.

It then upheld the impugned order of conviction, observing, "From the evidence coming on record, it is established that PW-5, ‘A’ was subjected to rape by the appellant. The medical evidence corroborated the testimony of the prosecutrix to the extent that her hymen was found ruptured. Minor contradictions or discrepancy appearing in her statement as pointed out by learned counsel for the appellant cannot be treated a ground for disregarding otherwise reliable testimony which proved the prosecution case beyond reasonable doubt."

Read the Order Here

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