Indian Penal Code, 1860, S.376–Rape–Sole statement of prosecutrix–The fact that the solitary statement of the prosecutrix is always to be considered as truthful cannot be mechanically applied to every case of sexual assault and the veracity of the story projected by the prosecution qua the allegations of rape must be examined.
Indian Penal Code, 1860, S.376–Rape–Sole statement of prosecutrix– If the statement of prosecutrix suffers from serious infirmities, inconsistencies and deliberate improvements on material points, no reliance can be placed
Indian Penal Code, 1860, S.376–Rape–Sole testimony of prosecutrix-Acquittal- Allegation that while going to another village she was dragged in field and was raped-Held;
(i) The two independent witnesses denied the fact that they were present or had gone to help the victim as contended by prosecutrix;
(ii) Contradiction in statements as to sequence of events as stated in complaint, before magistrate and during trial.
(iii) the medical evidence coupled with the FSL report and the delay in lodging the FIR, leaves a mark of doubt to treat the testimony of the prosecutrix as natural so as to inspire confidence- The story put forward by the prosecution is improbable and belies logic-Accused acquitted.
(D) Indian Penal Code, 1860, S.376–Rape–False implication-Accused must be protected against the possibility of false implication-The evidence of prosecutrix must be examined as that of an injured witness whose presence at the spot is probable but it can never be presumed that her statement should without exception be taken as the gospel truth.
Baljinder @ Joginder v. State of Haryana
2016(4) Law Herald (P&H) 3238 : 2016 LawHerald.Org 1886