The Delhi High Court recently held that even though convictions in rape cases can be solely based on the testimony of the prosecutrix, however, the case can be rejected at times, if the story of the prosecutrix is found to be improbable. Observing the same, a single- judge Justice Chandra Dhari Singh set aside a 15-year-old conviction of a man who was charged with rape.
Factual Background
The judgment was delivered pursuant to a petition filed by one Ram Bax assailing a trial court order of July 2006 that convicted him under Section 376 of the Indian Penal Code for the rape of a girl.
Case of the Accused
The counsel appearing for Bax had told the Court that there were several material contradictions in the statement of the girl. The Court was told that several witnesses including the girl’s mother, her stepbrother and the investigating officer were not even examined by the trial court. Thus, there was no evidence to support her statement.
The medical reports projected no injury on the prosecutrix’s private parts while the semen found on her clothes did not match that of the accused, it was submitted. It was therefore contended that the man is falsely implicated in rape charges since the accused was against her relationship with a local boy belonging to another faith.
Observation of the Court
The Court held that there it is vivid that the evidence when considered wholly, completely lacks any kind of similarity with the deposition of the girl. It was further added that the prosecution has failed to disclose the true genesis of the crime and thus in such a situation, the appellant was entitled to benefit of the doubt.
In the words of the Court,
“In case the court has reason to accept the version of the prosecturix on its face value, it may look for corroboration. In case the evidence is read in its totality and the story projected by the prosecutrix is found to be improbable, the prosecutrix’s case becomes liable to be rejected”.
The order sentencing the man was hence set aside.
Case Details
Before: Delhi High Court
Case Title: Ram Bax v. State of NCT of Delhi
Coram: Chandra Dhari Singh
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