Veer Singh's appeal dismissed; court affirms the reliability and sufficiency of the victim's testimony despite lack of medical corroboration.
In a significant judgment, the Allahabad High Court has upheld the conviction of Veer Singh for the rape of a minor girl, affirming that the sole testimony of the prosecutrix, if trustworthy and reliable, is sufficient for conviction, even in the absence of medical corroboration. The court emphasized the credibility of the victim's testimony, which it found to be consistent and of sterling quality.
The case dates back to January 15, 1983, when the victim, a 14-year-old girl, was allegedly raped by Veer Singh in a sugarcane field in Ghaziabad, Uttar Pradesh. The incident came to light when the victim narrated the ordeal to her mother, leading to the filing of a First Information Report (FIR) by her father, Hardwari, the following day.
The trial court had sentenced Veer Singh to seven years of rigorous imprisonment under Section 376 of the Indian Penal Code (IPC). In his appeal, Singh argued that the prosecution's case was fraught with inconsistencies, including a delay in lodging the FIR and contradictions in witness testimonies. He also contended that the medical evidence did not conclusively prove rape, as the victim's hymen was intact and there were no injuries on her private parts.
However, Justice Sanjiv Kumar, presiding over the appeal, rejected these arguments, stating that societal stigma often leads to delays in reporting sexual crimes, and minor discrepancies in witness statements do not undermine the prosecution's case. The court noted that the victim's testimony was unwavering and corroborated in material aspects by other evidence, including the recovery of broken bangles and the victim's salwar from the crime scene.
The judgment also addressed the issue of injuries on the accused, clarifying that the prosecution is not obligated to explain such injuries unless evidence suggests they were sustained during the incident. The court found no merit in Singh's claim of false implication, as there was no evidence of prior enmity between the parties.
Citing precedents from the Supreme Court, the judgment underscored that the conviction in rape cases can rely solely on the prosecutrix's testimony if it inspires confidence. The court dismissed the appeal, directing Veer Singh to surrender and serve the remaining part of his sentence.
This ruling reinforces the legal principle that the testimony of a rape victim can stand on its own, challenging the entrenched notion that medical evidence is indispensable in sexual assault cases. The judgment is seen as a landmark in upholding the dignity and autonomy of victims in the judicial process.
Bottom line:-
Rape conviction can be based solely on the testimony of the prosecutrix if it is trustworthy, reliable, and of sterling quality, even in the absence of medical corroboration.
Statutory provision(s): Indian Penal Code, 1860 Section 376, Evidence Act, 1872, Criminal Procedure Code, 1973 Section 313, Criminal Procedure Code, 1973 Section 374, Criminal Procedure Code, 1973 Section 207
Veer Singh v. State of U.P., (Allahabad) : Law Finder Doc id # 2938023
