Rajesh Kumar Gupta Vs. State of U.P. - (High Court of Allahabad) (01 Feb 2019)

Sole testimony of victim is sufficient to record conviction in offence of rape

MANU/UP/0331/2019

Criminal

Present appeal is preferred against the judgment passed by Additional Sessions Judge, by which learned Trial Judge has convicted and sentenced the accused-appellant under Section 376 of Indian Penal Code, 1860 (IPC) for life imprisonment with a fine and in default of payment of fine, to further undergo two year rigorous imprisonment.

In State of Punjab Vs. Ramdev Singh, Court has expressed grave concern in respect to rape victim and has observed that, sexual violence apart from being a dehumanizing act is an unlawful intrusion on the right of privacy and sanctity of a female. It is a serious blow to her supreme honour and offends her self esteem and dignity. It degrades and humiliates the victim and where the victim is a helpless innocent minor girl. It leaves behind a traumatic experience, a rapist not only because physical injuries but more indelibly leaves a scar on the most cherished possession of a woman i.e. her dignity, honour, reputation and her chastity.

Further, Court in State of Rajasthan Vs. Om Prakash, has held that sole testimony of victim is sufficient to record conviction. On over all scrutiny of the evidence, it is unimaginable that a minor girl would subject herself to the ignominy and embarrassment in the society by making an allegation of rape on her. A bare reading of the statement of the victim unequivocally indicate that the minor girl has narrated the entire incident truthfully, and if at all, minor discrepancies are here and there, that cannot be held to be any material contradiction in her statement.

Further, no circumstance whatsoever, or otherwise any peculiar situation is pressed or presented before the Court for consideration by the Court for reducing the sentence of the appellant in the present case, where rape has been committed with a minor girl of 11 years of age. The offence is of heinous nature. It is not a crime only against a girl, but it is also an offence against civil society and therefore, our conscious does not permit us to show any sympathy in the matter.

Apart from the trustworthy evidence of the victim herself, there are several circumstances as found by the Trial Court which corroborate the victim's statement and thus it can safely be held that her statement is wholly reliable. The appeal having no substance, is accordingly dismissed. The conviction and sentence awarded to the appellant by learned Trial Judge is affirmed.

Relevant : State of Rajasthan Vs. Om Prakash, MANU/SC/0416/2002, Punjab Vs. Ramdev Singh MANU/SC/1063/2003

Tags : CONVICTION VICTIM TESTIMONY