STATE OF ORISSA versus DAMBURU NAIKO AND ANR.

Citation: [1992] 2 S.C.R. 393 · Decided: 31-03-1992 · Supreme Court of India · Bench: KULDIP SINGH · Disposal: Appeal(s) allowed

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Judgment (excerpt)

STATE OF ORISSA 
A 
v. 
DAMBURU NAIKO AND ANR. 
MARCH 31, 1992 
[KULDIP SINGH AND K. RAMASWAMY, JJ.] 
B 
Indian Penal Code, 1860: 
"---
Sections 34, 366 and 376-Kidnapping and gang rape-Co"oboration 
of victim's evidence-Whether necessary, when her evidence inspires con- c 
;..... 
fuience to be trothfu/--Offence committed in broad day light-victim iden-
tifying accused in Identification Parade and medical evidence and First 
-- -,..--
Information Report c01roborating injuries on her plivate parts-Whether High 
Court justified in rejecting victim's evidence. 
The two respondents and two others were charged under Sections D 
366/34 and 376 read with 34 I.P.C. for kidnapping and committing rape on 
P.W.1. In the Identification Parade, conducted by P.W.13, the Executive 
Magistrate, P.W.1, the victim, identified the two respondents and one other 
accused. The trial court accepted her evidence and convicted the two 
respondents and sentenced them to undergo three years' rigorous im-
E 
,.__, 
prisonment on each count. 
The trial court acquitted the other two accused and this became final 
since there was no appeal against it. The Sessions Court confirmed the 
sentences of the two respondent. 
F 
On appeal, the High Court acquitted the two respondents on the 
grounds that P.W.l. identifying the respondents could not be relied upon, 
~ \ 
that there was no corroboration to her evidence, and that when there was 
gang rape there would be several injuries on the person of the victim, which 
were absent, and th.erefore, she was a consenting party. 
G 
Allowing the appeal of the State, this Court, 
HELD: 1.1 It is not necessary that there should be corroboration to 
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the evidence of the victim of rape. If the e~idence inspires confidence to be 
truthful, that itself would be sufficient to convict the accused. [396D] 
H 
393 
A 
B 
c 
394 
SUPREME COURT REPORTS 
[1992] 2 S.C.R. 
1.2 In the instant case, there is no necessity for any corroboration of 
P.W.l's evidence. She was a simple village girl and she would not leave out 
her own assaillants and implicate falsely other innocent persons with the 
. allegation that she was raped by them. Though she was a stranger to the 
accused she is the victim of dastardly offences of kidnapping and gang rape 
and it was done in broad day time. Therefore, when she was kidnapped into 
forest by the accused, she had opportunity to see them, though later her eyes 
~ere closed with a piece of cloth. When she was made to lie down on the 
gro'nnd at the threat of her life and gang rape was committed, she WclS 
absolutely helpless. The medical evidence amply corroborates that she had 
injuries on her private parts and so there is yet enough resistence put up by 
her to the gang rape committed one after the another. When it was done at 
the threat of her life she cannot be expected to go on resisting except to 
resign to her fate and succumb to their assault. P.W.1 also ide~tified the 
respondents in the identification parade. She had enough opportunity to 
identify the persons who committed rape on her. Even if corroboration is 
D 
necessary, the injuries on her private parts; medical evidence of the doctor 
and her first information report provide such corroboration. The evidence 
of P .W.1 bas to be accepted as truthful. [396B-E] 
E 
F 
1.3 It is, therefore, not possible to accept the reasoning of the High 
Court in rejecting P.W.l'!I evidence and acquitting the two respondents. 
Besides, the High Court 11iso did not make any attempt to disbelieve her 
evidence on its own merits. [396A, F] 
1.4 In these circumstances, the casual and mechanical approach, 
without regard to human probabilities, and the consequent acquittal by 
the High Court resulted in grave miscarriage of justice. The Judgment of 
the High Court and order of acquittal of respondents is set aside. The 
judgments and convictions and sentences recorded by the trial court, and 
affirmed by the Sessions Court, are restored. The respondents should 
surrender and serve out the sentences. [396F, G] 
G 
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 
567 of 1983. 
From the Judgment and Order dated 19.4.82 of the Orissa High 
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j-
Court in Crl. Revn. No. 152/81. 
~ 
H 
C.S.Sromovasa Rao for the Appellant. 
STATE v. DAMBURU NAIKO [RAMASWAMY, J.] 
395 
A.P.Mohanty for the Respondents. 
The Judgment of the Court was delivered by 
K. RAMASWAMY, J. The two respondent Dambru Naiko (Al) and 
B. Sankara Rao (A2) and two others were c

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