KRISHAN LAL versus STATE OF HARYANA

Citation: [1980] 3 S.C.R. 305 · Decided: 01-04-1980 · Supreme Court of India · Bench: V.R. KRISHNA IYER · Disposal: Dismissed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

+ 
KRISHAN LAL 
v. 
STATE OF HARYANA 
April 1, 1980 
[V. R. KRISHNA !YER AND E. S. VENKATARAM.IAH, JJ.] 
305 
Indian Penal Cade 1860 (XLV of 1860) Section 376-Rape on young girl 
-Necessity of corroboration of girl's testimony-Nature and extent of corrcr 
boration necessary. 
The prosecution alleged that a girl below 16 years of age was sleeping out-
A 
B 
side her hou•e with her family and that the petitioner in the comJ1"11Y of an· 
C 
other (acquitted accused) carried her away under intimidation to a neigh.-
bowing godown belonging to another acquitted accused and in that secluded 
venue committed rape on the young woman and afteN\lirds put her back on 
her cot. 
The trial court convicted the petitioner but on grounds of benefit of doubt 
acquitted the other accused. The High Court affirmed this order. 
D 
In the- special leave petition to this Court, it was contended on behalf of 
the petitioner that the evidence of the prosecutrix without substantial corro-
boration, was inadequate to rest a conviction under section 376 IPC. 
Dismissing the special leave petition, 
HEID 1. To forsake vital consideration and go by obsolete demands for 
E 
substantial corroboration is to sacrifice commonsense in favour of an artificial 
<:oncoction called 'judicial' probability. [308A] 
2. Human psychology and behavioural probability must be borne in mind 
when assessing the testimonial potency of the 
victim's version. What girl 
would foster rape charges on a stranger uriless a remarkable set of facts or 
clearest motives are made out? The inherent bashfullness, the innocent naivete 
and the feminine tendency to conceal the outrage of masculine sexual aggres· 
F 
tion are factors which are relevant to improbabilise the hypothesis 
of false 
implication. The injury on the person of the victim has corroboratb•e value. 
[3070] 
'1 
3. The court loses its credibility if it rebels against realism. The Jaw court 
io not an unnatural world. [308 BJ 
4. Merely because the trial court has ultra-cautiously acquitted someone, 
the higher court must, for that reason, cannot acquit everyone. [308CJ 
5. A socially sensitized judge is a better statutory armour against gender 
<'41trag'e than Jong clauses of a complex section with oU the protections wri( 
into it. [308C] 
G 
6. Observation on probative force of circumstances are not universal laws 
H 
of nature but guidelines and good counsel. [307 Fl 
Gurcharan Singh v. State of Haryana AIR 1972 SC 2661 referred lo. 
A 
B 
c 
D 
E 
F 
D 
306 
SUPREME COURT REPORTS 
(1980) 3 S.C.R. 
CRIMINAL 
APPELLATE 
JURISDICTION: Special Leave Petition 
(Cr!.) 2599 of 1979.j 
From the Judgment and OH'e(C:<~<d 9·7·1~~9 <f tre F1rj<b:rrd 
i 
Haryana High Court in Crl.A. 1228/1976. 
S. K. Sabharwa/ and R. C. Kohli for the petitioner. 
i. 
The Order of the Court was delivered by, 
KRISHNA IYER, J, A rapist-if the concurrent findings of the 
courts below were correct has chosen to seek special leave to chal-
lenge his crime and punishment, and his counsel has attacked the ver· 
diet of culpability as wholly unfounded. Indeed, it is redundant, 
and absent exceptional circumstances, out of bounds, for this Court, 
exercising its jurisdiction under Art. 136, to launch upon an explora· 
tion and re-appreciation of the evidence, its strengths and weaknesses 
with a view to sit in judgment over the holdings of the High Court 
in affirmance of those of the trial Court. 
Briefly, we will touch upon one or two circumstances without 
claiming to be exhaustive in any manner. One Shashi Bala of Ambala 
was sl.eeping, with her mother and other children, outside her house 
in hot July (1975). The petitioner, in the company of another (acquit-
ted accused), carried her away under intimidation to a neighbouring 
godown belonging to one Tilak Raj (another acquitted accused) and 
in that secluded venue committed rape on the young women. After 
subjecting her to these beasteal acts of lust, Shashi Bala, who by then 
was nearly· unconscious, was put back in her cot from where she had 
been' removed .. In the morning, the mother of the victim found blood 
on the daughter's salwar and thereupon she complainingly narrated 
the criminal assault of the previous night. On the return of the father, 
P.W. 7, who had been away, the victim went, in his company, to the 
police station, lodged a report which was followed by investigation 
and chargesheet. The Court, after a trial, convicted the present peti-
tioner but, on grounds of benefit o

Excerpt shown. Read the full judgment & AI analysis in Lexace.