LexRONAL KIPRONO RAMKAT versus STATE OF HARYANA
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RONAL KIPRONO RAMKAT A v. STATE OF HARYANA JULY 31, 2001 [DR. A.S. ANAND, CJ., R.C. LAHOTI AND SHIVARAJ V. PATIL, JJ.] B Penal Code, 1860 : Section 376-Rape-With or without consent-Victim was totally naked and underclothes of both the victim and accused found in the same room- C Effect of-Held : This probabilises theory of intercourse by consent and negatives story of rape. Evidence Act, 1872 : Section 32(1)-Dying declaration-Evidentiary value of-Necessity of D corroboration-Held, If dying declaration is reliable and truthful no further corroboration is required. Criminal Trial : Standard of proof-Accused is no/ required to establish his defence by E the same standard as required by prosecution-// is enough if defence is probable in the given circumstances. Words and Phrases: "Rape"-Meaning of-In the con/ex/ ofS.376 of the Penal Code, 1860. The appellant-accused was convicted for the offences under Section 376 read with Section 511 of the Penal Code, 1860 and also for an offence under Section 302 IPC. The High Court confirmed the conviction and sentence. Hence this appeal. According to the prosecution the deceased informed her friend (PW-4) that the appellant. Who was the deceased's friend, wanted the deceased to see him at his house. Accordingly, the deceased went to the said house. Subsequently, PW-4 informed PW-5, the deceased's brother, that the deceased F G was stabbed in the appellant's house. PW-5 then rushed to the place and found H 65 66 SUPREME COURT REPORTS [2001] SUPP. I S.C.R. A the appellant and the deceased lying in a pool of blood and that the deceased managed to tell him that the accused had tried to rape her and on her resistance, he had stabbed her on the neck and head with a kitchen knife. PW-5 along with another person took the deceased to the hospital where she was found dead on arrival. B On behalf of the accused it was contended that the so-called dying c declaration could not be accepted as truthful; that there were no eyewitnesses to the incident; that material witnesses were not examined; and that there was no explanation as to the serious injuries sustained by the accused. Allowing the appeal, the Court HELD : I. If dying declaration passes the test of reliability and truthfulness it can form the basis of conviction even without corroboration. (68-F-Gl D 2.1. From the perusal of the complaint given by PW-5, it is clear that the last words, that the appellant had also tried to commit suicide by stabbing himself in the stomach, appear to have been inserted later in the space between the lines when compared with the rest of the document. This portion of the statement appears to be the assessment of PW-5 and not a part of the dying declaration. In the absence of explanation as to the serious nature of injuries E sustained by the appellant giving rise .to serious doubt as to the very genesis of the incident, the said portion of the statement appears to have been inserted after deliberation and consultation. This insertion probabilises the defence version that the appellant and the deceased were in love. The very fact that the deceased was totally naked and underclothes of both the deceased and F the appellant were found in the same room probabilises the theory of intercourse by consent and negatives the story of rape. (69-C-G I 2.2. In view of the injuries found on the deceased and the defence taken by the appellant that she died on the spot and in the absence of any other evidence except the statement of PW-5 it is difficult to accept that the deceased G was alive or at any rate she was in a position to make the statement to PW- 5 as sought to be made out. (70-Cj 3. The injuries found on the appellant could not be said to be self- inllicted and, therefore, his defence, that he sustained injuries at the hands of an unknown person when he tried to save the deceased, appears to be H probable. The trial court expected the appellant to establish his defence by RONAL KJPRONO RAMKATv. STATE [SI-IIVARAJ Y. PATIL, .I.] 67 the same standard that the prosecution should establish the guilt of an accused A beyond reasonable doubt. It was enough to show that the defence was probable in the given circumstances. In this case the defence statement is probabilised by the surrounding circumstances and the evidence brought on record. The so-called dying declaration does not inspire confidence. The material witnesses, who could have thr
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