The Allahabad High Court expounded that though conviction can be based on the sole testimony of the Prosecutrix but the evidence of the prosecutrix when read as a whole if does not corroborate with the medical evidence then the same cannot be trusted and further, no conviction can be based on such testimony.
Brief Facts:
The Prosecutrix alleged that her husband has purchased land from the Appellant but later wanted to sell for personal necessity.
The Appellant decided to get back the land however her husband was reluctant. The Appellant got angry and hence, entered the house of the Prosecutrix and dragger her towards the field and committed rape.
The Appellant was convicted under Section 376 of the Indian Penal Code, 1860 and hence, the present appeal.
Contentions of the Appellant:
It was urged that the case of the Prosecutrix did not corroborate with the medical evidence and further no injuries were found.
Contentions of the State:
It was contended that medical report corroborated the Prosecutrix’s contentions and there were sufficient eye witnesses.
Observations of the Court:
It was observed that in rape cases, a slight delay in lodging FIR was considered to be normal.
It was noted that there was no motive for the Appellant to rape the Prosecutrix as the wife of the Appellant had already filed a suit to cancel the sale deed. Further, there were no injuries found and hence, no opinion could be formed about rape. It was noted that the testimony of the Prosecutrix did not corroborate with the medical evidence. Hence, the prosecution failed to prove its case beyond the reasonable doubt.
It was opined that though conviction can be based on the sole testimony of the prosecutrix but the evidence of the prosecutrix when read as a whole did not corroborates with the medical evidence and hence, was not worthy of credence.
The decision of the Court:
Accordingly, the appeal was allowed.
Case Title: Shamim & Ors. V. State of UP
Coram: Hon'ble Ashwani Kumar Mishra, Hon'ble Ms. Nand Prabha Shukla
Case No.: CRIMINAL APPEAL No. - 5690 of 2004
Advocates for Appellant: Advs. A.K. Singh, Sudhir Kumar
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