Sole testimony of the minor victim deemed credible and sufficient for conviction
In a landmark decision, the Kerala High Court, comprising Justices Raja Vijayaraghavan V and K.V. Jayakumar, upheld the life imprisonment sentence of Harishkumar, a government employee, convicted for the kidnapping and prolonged sexual assault of a minor girl. The judgment reaffirmed the principle that the sole testimony of a victim can suffice for conviction if it is credible and reliable, even in the absence of corroboration.
The appellant, Harishkumar, was found guilty of kidnapping a 14.5-year-old girl from her lawful guardianship and subjecting her to sexual assault over a period of 45 days across various locations in Kerala and Tamil Nadu. The court emphasized the credibility of the victim's testimony, noting its consistency and natural flow, which aligned with the prosecution's narrative.
The defense argued that the victim's testimony was unreliable and lacked corroborative evidence. However, the court dismissed these claims, citing established legal precedents that uphold conviction based solely on the victim's account if it inspires confidence. The court also highlighted the absence of any compelling reason to doubt the victim's testimony.
Furthermore, the court rejected the defense's contention regarding the lack of a DNA test, stating that the victim's clear and detailed account of the incidents was sufficient to establish the appellant's guilt. The judgment also addressed the appellant's argument against the harshness of the life sentence, confirming that the gravity of the crime and the appellant's breach of trust as a government employee justified the punishment.
The case has reaffirmed the judiciary's commitment to protecting the rights of victims and ensuring that justice is served, especially in crimes of such heinous nature.
Bottom Line:
Conviction for rape can be sustained on the sole testimony of the prosecutrix if it inspires confidence, even without corroboration, unless there are compelling reasons to insist on corroboration.
Statutory provision(s): Indian Penal Code Sections 363, 376; Indian Evidence Act Section 118
Harishkumar v. State of Kerala, (Kerala)(DB) : Law Finder Doc id # 2980330
