Summary
The Supreme Court restored the conviction and ten-year sentence for rape of a nine-year-old child. Her reliable account, disclosure to teachers and the medical evidence supported the trial court’s findings. Absence of injuries or hymenal rupture did not undermine the prosecution in these circumstances, and non-examination of a relative was not fatal. The High Court’s acquittal was set aside, with surrender directed within four weeks.
Issues
- Whether the child’s testimony could sustain conviction without independent corroboration.
- Whether absence of injuries or inconclusive medical findings justified acquittal.
- Whether non-examination of the child’s aunt defeated the prosecution.
Held
- Reliable testimony of a sexual-assault complainant can sustain conviction without corroboration unless compelling circumstances require it. Minor discrepancies do not by themselves discredit an otherwise reliable account. The trial court’s credibility assessment was supported by the evidence here. (¶¶ 10, 11, 12, 14, 15)
- The medical evidence did not exclude penetration. Absence of external injuries or hymenal rupture did not justify rejecting the child’s account in this case, and a nine-year-old child could not consent. (¶¶ 16, 17)
- Non-examination of the aunt was not fatal given the reliable testimony and trial court findings. The doubt underlying acquittal had to be reasonable and supported by the record. (¶¶ 18, 19, 21)
- The High Court’s acquittal was set aside and the trial judgment restored, confirming conviction under Section 376 IPC and ten years’ imprisonment. The respondent must surrender within four weeks or be taken into custody. (¶¶ 22, 23, 24)
Result
State appeal allowed. Acquittal set aside and trial judgment restored, including conviction and ten-year imprisonment; surrender within four weeks, failing which custody. Copy to trial court for action.