VidhiSangh

Supreme Court of India · 31/10/2022

THE STATE OF JHARKHAND versus SHAILENDRA KUMAR RAI @ PANDAV RAI

[2022] 13 S.C.R. 1033 · 2022 INSC 1139

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A 16-year-old girl told the police in hospital that the accused had raped her and set her on fire with kerosene. The statement was recorded with a doctor present who certified her fit. She died of septicaemia from the burns five weeks later. The Jharkhand High Court acquitted him. The Supreme Court restored his conviction for murder and rape and his life sentence. The statement was a dying declaration under Section 32(1), since the post-mortem linked the death to the burns. The claim that she had been referred to another hospital was inadmissible hearsay under Section 60. A truthful dying declaration needs no corroboration, and the lack of medical proof of rape and the hostility of relatives did not undermine it. The Court condemned the "two-finger test" as unscientific and degrading and directed that anyone conducting it is guilty of misconduct.

Issues

  1. Whether the victim's statement to the police, made five weeks before she died of septicaemia from burn injuries, was relevant as a dying declaration under Section 32(1) of the Evidence Act and could found a conviction without corroboration.
  2. Whether the 'two-finger test' may be used in examining survivors of sexual assault.

Provisions considered

Held

Result

Appeal allowed; the High Court's acquittal set aside and the Sessions Court's conviction under Sections 302, 341, 376 and 448 IPC and concurrent sentences restored, the respondent to be taken into custody; the Union and States directed to circulate the health ministry's guidelines, hold workshops and revise medical curricula, and conducting the two-finger test declared misconduct.

Judgment PDF: Supreme Court of India, [2022] 13 S.C.R. 1033.