Summary
The Supreme Court acquitted the appellant of rape, finding that the prosecution had not proved either the complainant’s age below sixteen under the law applicable to the 2000 incident or non-consensual intercourse beyond reasonable doubt. The school-register birth entry lacked its foundational proof and conflicted with other evidence; attendance on the alleged date also contradicted the account. The Court assessed the testimony and surrounding circumstances together, granting the benefit of doubt.
Issues
- Whether the prosecution reliably established age below the then-applicable threshold of sixteen.
- Whether the evidence proved intercourse against the complainant’s will or without consent.
Provisions considered
- Sections 375 and 376, as applicable to the 2000 incident, Indian Penal Code, 1860The historical age threshold was sixteen. Neither the age-based limb nor non-consensual intercourse was proved to the required standard on this record. (¶ 4–11)
Held
- A complainant’s reliable testimony can alone sustain a rape conviction without corroboration. Where the account does not inspire confidence, the Court must carefully consider the entire evidence and whether other material supplies assurance. (¶ 5)
- The school birth-date entry was copied from an earlier transfer certificate which was not produced; the source was not shown to be a parent or person with special knowledge. In the face of conflicting evidence, the entry did not conclusively establish age below sixteen. (¶ 8–11)
- The same register showed attendance at school on the date of the alleged first assault at another place. Selectively accepting its age entry while disregarding its contrary attendance entry was not fair appraisal. (¶¶ 6, 8)
- The deficiencies in age proof, the testimony and surrounding circumstances cumulatively left reasonable doubt. The Court did not find the statutory ingredients of rape established on this evidence. (¶ 6–11)
Result
Appeal allowed; trial and High Court orders set aside and appellant acquitted under Section 376. Appellant on bail need not surrender; bail bonds discharged.