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J U D G M E N T B.P.SINGH, J.

The State of Rajasthan has preferred this appeal by special leave which is directed against the judgment of acquittal recorded by the High Court of Judicature for Rajasthan, Jaipur Bench, Jaipur in S.B.Criminal Appeal No.86 of 1996 and S.B.Criminal Jail Appeal No.51 of 1996. By its impugned judgment and order dated March 31, 1999, the High Court while affirming the conviction of the respondent under Section 450 IPC, acquitted him of the charge under Section 376 IPC. The sentence under Section 450 IPC was reduced to the period already undergone. Earlier the trial court had found the respondent guilty of the offence under Section 376 IPC and sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs.1,000/-. Under Section 450 IPC, the respondent had been sentenced to undergo rigorous imprisonment for five years apart from payment of fine of Rs.1,000/-.

At the trial, the prosecution relied upon the testimony of four witnesses to prove the offence under Section 376 IPC, namely, PW-1 (prosecutrix), PW-2 (her mother Smt.Sushila), PW-3 (Gulab Bai) and her younger brother PW-7 (Mangi Lal). So far as the incident which took place earlier that day is concerned, the prosecution also examined Ram Kalyan (PW-9) who fully supported the version deposed to by the prosecutrix. The trial court relying upon the testimony of these witnesses found the respondent guilty of the offence under Sections 376 and 450 IPC. On appeal, the High Court has set aside the conviction of the respondent under Section 376 IPC but upheld his conviction under Section 450 IPC while reducing the sentence to the period already undergone by him. Learned counsel appearing on behalf of the State submitted that there is cogent and reliable evidence on record to prove the commission of the offence punishable under Section 376 IPC. Apart from the evidence of the prosecutrix herself which is without blemish, there is also the evidence of PW-2, PW-3 and PW-7 which clearly establish the case of the prosecution. The High Court has misread the evidence on record and reached a conclusion which is perverse. She, therefore, submitted that the respondent should be punished for the offence punishable under Section 376 IPC.

The evidence of Mangi Lal (PW-7) was rejected by the High Court on the ground that he did not enter the room of his sister but stood outside . This appeared to the High Court to be abnormal and unnatural. The High Court further noticed that after the incident, the prosecutrix had come to the house of this witness and, thereafter, his mother had gone to the house of Smt.Gulab Bai (PW-3). Gulab Bai (PW-3) had not stated any such thing in her deposition.

Lastly, the High Court observed that though the clothes of the prosecutrix were chemically examined, the prosecution had not produced any evidence on record to prove the commission of the offence of rape. It is true that Dr.Ramesh Chand (PW_4) tendered his evidence. But the report of Chemical Examiner with regard to the clothes, seized and other items sent for chemical examination, was not produced before the court. For these reasons, the High Court disbelieved the case of the prosecution so far as the charge under Section 376 IPC is concerned. However, the High Court found the respondent guilty under Section 450 IPC.

We, therefore, find it difficult to sustain the order of acquittal passed by the High Court in respect of the offence under Section 376 IPC. It is not the law that in every case version of the prosecutrix must be corroborated in material particulars by independent evidence on record. It all depends on the quality of the evidence of the prosecutrix. If the Court is satisfied that the evidence of prosecutrix is free from blemish and is implicitly reliable, then on the sole testimony of the prosecutrix, the conviction can be recorded. In appropriate cases, the court may look for corroboration from independent source or from the circumstances of the case before recording an order of conviction. In the instant case, we find that the evidence of the prosecutrix is worthy of credit and implicity reliable. The other evidence adduced by the prosecution, in fact, provides the necessary corroboration, even if that was considered necessary. The High Court on a clear misreading of the evidence on record, acquitted the respondent of the charge under Section 376 IPC while upholding his conviction under Section 450 IPC.