RAJA AND OTHERS versus STATE OF KARNATAKA

Citation: [2016] 9 S.C.R. 615 · Decided: 04-10-2016 · Supreme Court of India · Bench: PINAKI CHANDRA GHOSE · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2016) 9 S.C.R. 615 
RAJA AND OTHERS 
v. 
STATE OF KARNATAKA 
(Criminal Appeal No. 1767of2011) 
OCTOBER 04, 2016 
[PINAKI CHANDRA GHOSE AND AMITAVA ROY, JJ.] 
Penal Code, 1860 - ss.376(g)/366/392 rlw. s.34 - Prosecutrix 
alleged gang rape by appellants - Inconsistencies in FIR and the 
deposition of prosecutrix - Appellants acquitted by trial court -
Acquittal reversed by High Court - Appellants pleaded false 
implication as they declined to oblige the prosecutrix qua her de111and 
for financial help - On appeal, held: View taken by the trial court 
is overwhelmingly possible - In contrast, findings of High Court 
are decipherably strained in favour of the prosecution by 
overlooking many irreconcilable inconsistencies, anomalies and 
omissions rendering the prosecution case unworthy of credit -
Prosecution failed to prove the charges - Appellants entitled to 
benefit of doubt. 
Appeal - Appeal against acquittal - Interference by appellate 
court - Scope of - Discussed. 
Evidence - Evidence of prosecutrix in cases of rape, 
molestation and other physical outrages - Veracity of - Held: 
Generally, the testimony of a victim of rape or non-consensual 
physical assault ought to be accepted as true and unble111ished -
However, it would still be subject to judicial scrutiny lest a casual, 
routine acceptance thereof results in unwarranted conviction of the 
person charged - Svidence Act, 1872 - ss.113A, 113B ands. l J.IA -
Criminal Trial. 
Hostile witness - Extent of acceptability - Discussed. 
Allowing the appeal, the Court 
HELD: 1.1 From the nature of the exchanges between the 
Prosecutrix and the accused persons as narrated by her, the same 
are not at all consistent with those of an unwilling, terrified and 
anguished victim of forcible intercourse, if judged by the normal 
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SUPREME COURT REPORTS 
(2016) 9 S.C.R. 
human conduct. Her post incident conduct and movements were 
also noticeably unusual. Instead of hurrying back home in a 
distressed, humiliated and a devastated state, she stayed back in 
and around the place of occurrence, enquired about the same 
from persons whom she claimed to have met in the late hours of 
night, returned to the spot to identify the garage and even looked 
at the broken glass bangles, discarded litter etc. According to 
her, she wandered around the place and as disclosed by her in 
evidence, to collect information so as to teach the accused 
persons a lesson. Her avengeful attitude in the facts and 
circumstances, as disclosed by her, if true, demonstrably evinces 
a conduct manifested by a feeling of frustration stoked by an 
intense feeling of deprivation of something expected, desired or 
promised. Her confident movements alone past midnight, in that 
state were also out of the ordinary. Her testimony that she met a 
cyclist to whom she narrated her tale of woe and that on his 
information, the police came to the spot and that thereafter she 
was taken to successive police stations before lodging the 
complaint at Sampangiramanagara police station as well has to 
be accepted with a grain of salt. Her conduct during the alleged 
ordeal was also unlike a victim of forcible rape and betrays 
somewhat submissive and consensual disposition. [Para 19][628-
E-H; 629-A-B) 
1.2 The medical opinion of PW8 that she was accustomed 
to sexual intercourse when admittedly she was living separately 
from her husband for 1 and Y, years before the incident happened 
also has its own implication. The medical evidence as such in the 
attendant facts and circumstances in a way belies allegation of 
gang rape. [Para 20][629-C-D) 
1.3 Evidence of PW2 Geeta who admittedly offered shelter 
to the prosecutrix and her minor daughter, though had been 
declared hostile, her testimony as a whole could not be brushed 
aside. In her testimony, she indicated that the prosecutrix used 
to take financial help from the accused persons and that she used 
to indulge in dubious late night activities for which her husband 
deserted her. The defence plea of false implication as the accused 
persons had declined to oblige the prosecutrix qua her demand 
for financial help therefore cannot be lightly discarded in the overall 
RAJA AND OTHERS v. STATE OF KARNATAKA 
factual scenario. Her version therefore was a plausible one and 
thus fit in with the defence plea to demolish the prosecution case. 
The evidence of a hostile witness in all eventualities ought not 
stand ef

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