Court dismisses appeals challenging conviction under Section 376D IPC, highlights medical corroboration and explains FIR delay due to village Panchayati
In a landmark judgment delivered on October 15, 2026, the Jharkhand High Court (Division Bench comprising Justices Ananda Sen and Pradeep Kumar Srivastava) upheld the conviction and sentence of four men accused of gang raping a widow in a forest area near Lapit Chhencha Forest. The appellants-Hemento Singh @ Hemant Singh @ Hato Singh, Ramnath Singh @ Munda Singh, Vibhishan Singh @ Pnchu Singh, and Fagu Hansda @ Sufal Hansda-were sentenced to rigorous imprisonment for 20 years and fined Rs. 40,000 each by the trial court. Their appeals against conviction and sentence were dismissed.
The case arose from an incident on November 5, 2013, when the prosecutrix, a widow traveling from her matrimonial home to her parental home, was allegedly abducted by the accused near APO Tola-Jerka-Amda Pahari and taken to a nearby drain in the forest where she was gang raped. The victim raised an alarm but was threatened with death by drowning if she persisted. Hearing the commotion, nearby villagers who were cutting firewood arrived, causing the accused to flee.
The FIR was lodged three days later, on November 8, 2013, after a village Panchayati was convened but the accused absconded and did not attend the meeting. The court accepted this delay due to social circumstances, noting the prosecutrix's illiteracy and widowhood, which necessitated village intervention prior to police involvement.
The prosecutrix's testimony was found consistent across her FIR, statement under Section 164 Cr.P.C., and court deposition. She identified the accused by their faces in court, despite minor discrepancies in naming them. The defense's contention that the prosecutrix was falsely implicated due to alleged prior relationship with her brother and village politics was rejected due to lack of evidence.
Medical examination conducted approximately 72 hours after the incident revealed multiple abrasions on the victim's back and breasts and an old ruptured hymen, corroborating the occurrence of sexual intercourse. No spermatozoa or injuries were found on the private parts, which the court held was not fatal given the delay in medical examination and corroborating injuries elsewhere on the body.
The court relied heavily on the principle upheld by the Supreme Court in Krishan Kumar Malik v. State of Haryana (2011) 7 SCC 130, which holds that conviction can be sustained on the sole testimony of the prosecutrix if it inspires confidence and is of sterling quality.
Rejecting the appellants' arguments regarding lack of Test Identification Parade and minor contradictions in the victim's statement, the court emphasized that the prosecutrix had seen the accused at the time of the incident and identified them by face, rendering the absence of TIP inconsequential.
The judgment underscores the judiciary's commitment to uphold justice in cases of sexual violence, especially when supported by consistent testimony and medical evidence, even if there are procedural gaps such as delay in FIR or absence of TIP.
The accused currently on bail were directed to surrender within two months to serve their sentences, failing which coercive action will be taken.
Bottom Line:
Gang rape - Conviction can be sustained on sole testimony of prosecutrix if it is trustworthy and of sterling quality - Absence of spermatozoa, no injury on private parts, non-holding of TIP and minor contradictions are not fatal where prosecutrix consistently identified accused by face and medical evidence showed marks of violence corroborating the occurrence - Delay in FIR explained by village Panchayati and social circumstances of illiterate widow victim.
Statutory provision(s): Indian Penal Code Section 376D, Bharatiya Nyaya Sanhita 2023 Section 70, Cr.P.C. Section 164, Cr.P.C. Section 313
