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

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