CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints Minimum Wages Cannot Be Ignored While Determining Just Compensation: Andhra Pradesh High Court Re-Fixes Income of Deceased Mason, Enhances Interest to 7.5% 34 IPC | Common Intention Is Inferred From Manner Of Attack, Weapons Carried And Concerted Conduct: Allahabad High Court Last Date of Section 4 Publication Is Crucial—Error in Date Cannot Depress Market Value: Bombay High Court Enhances Compensation in Beed Land Acquisition Appeals Order 26 Rule 10-A CPC | Rarest of Rare: When a Mother Denies Her Own Child: Rajasthan High Court Orders DNA Test to Decide Maternity Acquittal Is Not a Passport Back to Uniform: Punjab & Haryana High Court Upholds Dismissal of Constable in NDPS Case Despite Trial Court Verdict Limitation Under Section 468 Cr.P.C. Cannot Be Ignored — But Section 473 Keeps the Door Open in the Interest of Justice: P&H HC Non-Stamping Renders A Document Inadmissible, Not Void – Defect Is Curable Once Duty Is Paid: Punjab & Haryana High Court Upholds Specific Performance MP High Court Upholds Ladli Behna Yojana Criteria; Rules Registration Deadlines and Age Limits Fall Under Executive Domain Criminal Courts Are Not Recovery Agents: Orissa High Court Grants Bail in ₹3.5 Crore Land Fraud Cases Citing Article 21 and Terminal Illness Employee Cannot Switch Cadre At His Sweet Will After Accepting Promotion: J&K High Court Rejects Claim For Retrospective Assistant Registrar Appointment Anticipatory Bail Cannot Expire With Charge-Sheet: Supreme Court Reiterates Liberty Is Not Bound by Procedural Milestones Order II Rule 2 Cannot Eclipse Amendment Power Under Order VI Rule 17: MP High Court Refuses to Stall Will-Based Title Suit Grounds of Arrest Must Be Personal, Not Formal – But Detailed Allegations Suffice: Kerala High Court Upholds Arrest in Sabarimala Gold Misappropriation Case Grounds of Arrest Are Not a Ritual – They Are a Constitutional Mandate Under Article 22(1): Allahabad High Court Sets Aside Arrest for Non-Supply of Written Grounds Sect. 25 NDPS | Mere Ownership Cannot Fasten NDPS Liability – ‘Knowingly Permits’ Must Be Proved Beyond Reasonable Doubt: MP High Court Section 308 CrPC | Revocation of Pardon Is Not Automatic on Prosecutor’s Certificate: Karnataka High Court Joint Family and Ancestral Property Are Alien to Mohammedan Law: Gujarat High Court Sets Aside Injunction Right to Health Cannot Wait for Endless Consultations: Supreme Court Pulls Up FSSAI Over Delay in Front-of-Pack Warning Labels If A Son Dies Intestate Leaving Wife And Children, The Mother Has No Share: Karnataka High Court

There can be a conviction on the sole testimony of the victim - SC

07 May 2024 8:19 AM

By: Admin


Apex Court observed in a rape case U/S 376 of IPC, titled Phool Singh Versus State of Madhya Pradesh that there can be a conviction on the sole testimony of the victim/prosecutrix when the deposition of the prosecutrix is found to be trustworthy, unblemished, credible and her evidence is of sterling quality. sole testimony of prosecutrix should not be doubted by court merely on basis of assumptions and surmises. 

Facts of the case are in the intervening night of August 9, 1999, when the victim/husband prosecutrix's went to another village and she was alone and sleeping in her room, the accused jumped the wall and entered the prosecutrix's room. When she saw the accused, the prosecutrix awoke and identified him in the light of the bulb. The accused then pressed his mouth against the prosecutrix's mouth and committed rape before fleeing by jumping the wall. According to the prosecutrix's case, she told her sister-in-law (Jethani) and mother-in-law about the incident, but they did not believe her. She was, on the contrary, beaten.  

Following that, the prosecutrix told other family members in her matrimonial home about the incident, but no action was taken. The prosecutrix forwarded the information to her parents' home. Following that, her uncle and others arrived at her matrimonial home, and the prosecutrix informed them of the incident. They drove her to her parents' house. On August 12, 1999, a FIR was filed. 

The accused raised the defence that medical evidence does not support the case of the prosecutrix as there were no external or internal injuries found in the person of the prosecutrix. And prosecution no other independent witnesses have been examined and/or supported the case of the prosecutrix.  

Apex Court held that there is no reason to doubt the credibility and/or trustworthiness of the prosecutrix. The submission on behalf of the accused that no other independent witnesses have been examined or supported the case of the prosecution has no substance. Nothing has been specifically pointed out why the sole testimony of prosecutrix should not be believed. there can be a conviction on the sole testimony of the victim/prosecutrix when the deposition of the prosecutrix is found to be trustworthy, unblemished, credible and her evidence is of sterling quality. sole testimony of prosecutrix should not be doubted by court merely on basis of assumptions and surmises. 

Supreme Court also held that there were no external or internal injuries found on the body of the prosecutrix and therefore it may be a case of consent is concerned. No such question was asked, even remotely, to the prosecutrix in her cross-examination because of that submission is to be rejected outright. Apex Court upheld the conviction. 

D.D- DECEMBER 01, 2021

Phool Singh  Versus  The State of Madhya Pradesh

Latest Legal News