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1 - 10 of 15 (0.39 seconds)Section 34 in The Indian Penal Code, 1860 [Entire Act]
The Code of Criminal Procedure, 1973
State Of M.P vs Dayal Sahu on 29 September, 2005
23. It is settled law that in cases involving sexual assault/rape, it is
generally difficult to find any corroborative witnesses, except the victim
herself and therefore, the evidence of the victim is suffice for conviction
unless there exist compelling reasons for seeking corroboration. Thus, a
conviction can be sustained on the sole testimony of the prosecutrix, if it
inspires confidence. [Ref: Vishnu (alias) Undrya v. Sate of Maharashtra
reported as (2006) 1 SCC 283; State of M.P v. Dayal Sahu reported as
(2005) 8 SCC 122 and Ravinder Singh v. State being CRL.A 1509/2014].
Gagan Bihari Samal And Anr vs State Of Orissa on 9 July, 1991
In Gagan Bihari Samal v. State of Orissa reported as (1991) 3 SCC
562, The Hon'ble Supreme Court of India whilst observing that
CRL.A. 328/2003&543/2003 Page 11 of 18
corroboration is not the sine qua non for conviction in a rape case, held as
follows :
Rafiq Ahmed @ Rafi vs State Of U.P on 4 August, 2011
34. Justice Krishna Iyer with his legal prowess has very succinctly
remarked in Rafiq (supra) that "A murderer kills the body but a rapist kills
the soul." Indeed the offence of rape is one of the gravest crime against
human dignity, and the magnitude of its depravity escalates manifold times
especially in child rape cases. It is trite to state that not only must the Courts
have a sensitive approach while dealing with cases of child rape but they
should also be adjudicated with alacrity. Delay in administering justice only
leads to the abuse of the entire judicial process and has a cascading effect on
the vulnerability of the victim, who in the present case has lived with the
horror for over 20 years now. Before parting, we would like to observe that
although age of the victim is not relevant in the present case, the gruesome
and heinous offence was however, committed on a 17 year old girl who
exemplified immense courage in not only rescuing herself but also pinning
CRL.A. 328/2003&543/2003 Page 17 of 18
her perpetrators down, who are prowling in the society like wild wolves by
taking legal recourse immediately.
B. C. Deva @ Dyava vs State Of Karnataka on 25 July, 2007
27. It is thus needless to state, in view of the settled jurisprudence that,
absence of corroboration by medical evidence is not fatal to the
prosecution's case, if the oral testimony of the prosecutrix is credible and
trustworthy. [Ref: B.C Deva v. State of Karnataka reported as (2007) 12
SCC 122]. Ordinarily, the weightage to be accorded to medical evidence is
CRL.A. 328/2003&543/2003 Page 13 of 18
only corroborative. It proves that the injuries could have been caused in the
manner alleged and nothing more. Unless, however the medical evidence
completely rules out all possibilities whatsoever of injuries taking place in
the manner alleged, the testimony of the eye-witnesses/prosecutrix cannot be
discarded on the ground of alleged inconsistency between the oral testimony
and the medical evidence.
Rai Sandeep @ Deepu vs State Of Nct Of Delhi on 7 August, 2012
In order to
buttress this submission reliance would be placed on the decisions in Rai
CRL.A. 328/2003&543/2003 Page 5 of 18
Sandeep @ Deepu v. State of NCT of Delhi reported as (2012) 8 SCC 21;
Tameezuddin @ Tammu v. State (NCT of Delhi) reported as (2009) 15 SCC
566 and Krishan Kumar Malik v. State of Haryana reported as (2011) 7
SCC 130.