LexSTATE OF HIMACHAL PRADESH versus RAGHUBIR SINGH
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
STATE OF HIMACHAL PRADESH A _, v. RAGHUBIR SINGH FEBRUARY 18, 1993 [DR. A.S. ANAND AND N.P. SINGH, JJ.] B >--, Indian Penal Code, 1860: S.376-Rape-'Accused--Conviction by trial coun-Acquittal by High - Court-Appeal by State to Supreme Court-Acquittal set aside-'Conviction c and sentence awarded by trial coun confirmed-Held, judgment of High Court based on conjectural findings and not on proper appreciation of ~ evidence-'Coults must be slow to interfere with findings based on apprecia- lion of evidence in case of child rape-'Conviction can be based on sole testimony of prosecutru-Absence of injuries on male organ of accused not D always fatal to prosecution case-'Coun cannot enhance sentence without a show cause notice to acquitted accused. The respondent-accused was prosecuted for committing rape on a ~ child of 8/9 years of age. The prosecution case was that: while the presecutrix (P.W.4), her father (P.W.5) and elder sister (P.W.7) were in E ~ their fields, it suddenly started raining and all the three ran towards their house; P.W.4 got separated from the two kins and was folloiting them when the accused, then aged about 16 years, took her under a mango tree and committed rape on her; P.W.5, who in the meantime returned to the fields - in search of P.W.4, saw the accused lying on her; he raised an alarm whereupon P.W.7, msbed to the spot and the accused ran away leaving F P.W.4 crying and bleeding per .-agina. ~ Tlte victim was got medically examined the same day and the doctor (P.W.1), besides mentioning the injuries on the pri.-ate part of the prosecutrix, reported that she bad been subjected to sexual intercourse. G At the trial, P.W.S, P.W.7 and the doctor (P.W.1) who bad medically examined the prosecutrix, supported the prosecution case in its totality. _.-<, Tbe trial court held that the accused bad committed an offence of rape_ under s.376, l.P.C. on the prosecutrix, and sentenced him to suffer R.I. for a period of five years. H 17 18 SUPREME COURT REPORTS [1993] 2 S.C.R. A The accused filed an appeal before the High Court which acquitted him. The State filed the appeal by special leave to this Court. Allowing the appeal, this Court, HELD: 1.1. Courts must be wary, circumspect and slow to interfere B with reasonable and proper findings based on appreciation of evidence as recorded by the lower courts, before upsetting the same and acquitting an accused involved in the commission of heinous offence of rape of hapless girl child. [p.24B·CJ C 1.2. The High Court without appreciating or properly discussing the D evidence committed an error in setting aside the findings n.-corded by the trial court which were based on proper appreciation of evidence and were not unreasonable much less perverse. The judgment of the High Court is based on conjectural findings and cannot be sustained.[pp.228-C; 2SA] 3. The statement of prosecutrix (PW4) is clear, cogent and specific. The Sessions Judge recorded her statement on being satisfi"d that she was capable of giving evidence. She narrated the occurrence in a simple and straight forward manner. The prosecution case was fully supported by her during her statement and nothing has been brought out in the cross-ex· - E amination from which any doubt could be caused about her veracity. Her statement receives ample corroboration from the testimony of her father y (PWS) who is found to be a truthful and reliable witness. The medical F evidence of PWl has supported the prosecutrix in all material particulars. The evidence of PW7 who had also seen the accused running away from the scene of crime further lands credence to the prosecution version. [pp.21E-H; 22A] 2.1. There is no legal compulsion to look for corroboration of the evidence of the prosecutrix before recording an order of conviction.Evidence has to be weighed and not counted. Conviction can be recorded on the sole G testimony of the prosecutrix, if her evidence inspires confidence and there is absence of circumstances which militate against her veracity. [p.220) 2.2. In the instant case the evidence of the prosecntrix is found to be l]!tiable and trustworthy. No corroboration was required to be looked for, though enough was available on the record. The medical evidence provided H sufficient corroboration. [p.22E] - -- f r STATE OF H.P. v. RAGHUBIR SINGH 19 '-,I 3.1. There is no inflexible axiom of law which lays down that the A -- -
Excerpt shown. Read the full judgment & AI analysis in Lexace.