STATE OF RAJASTHAN versus MUNSHI

Citation: [2007] 11 S.C.R. 282 · Decided: 12-10-2007 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Appeal(s) allowed

Judgment (excerpt)

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A 
STATE OF RAJASTHAN 
v. 
MUNSHI 
OCTOBER 12, 2007 
B 
[S.B. SINHA AND HARJIT SINGH BEDI, JJ.] 
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Penal Code, 1860; Section 376: 
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Rape of a minor girl-FJR.-lnvestigation-Trial Court found 
c accused guilty of committing the offence punishable uls. 3 7 6 JPC and 
sentenced him to ten years rigorous imprisonment-Reversed by High 
Court-011 appeal, Held: High Court erred in re-appreciating 
evidence-Evidence of prosecutrix corroborated by evidence of 
PW4-0cular evidence further corroborated.from the articles seized 
D by the Investigating Officer-Which also proves commission of rape 
and also place of incident-Medkal report suggests that the prosecutrix 
had been subjected to intercourse against her will-Hence, judgment 
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of the trial Court restored but sentence is reduced from ten years 
rigorous imprisonment to seven years rigorous imprisonment-
E Sentencing. 
On the fateful day, the respondent caughtthe prosecutrix, PWS, 
when she went to fetch the water from a well outside the village, and 
raped her. On reaching home, the victim narrated the incident to her 
mother, PW3 and father, PW2. Father of the victim lodged a report 
F 
with the Police. The medical examination conducted by PWl, the 
Medical Officer revealed that there were multiple injuries on the 
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body of the prosecutrix with blood oozing out from her vagina and 
swelling and rupturing of her hymen. The radiological examination 
to determine her age indicated that she was above 17 years of age. 
G Police, after completing the investigation, submitted the report. The 
trial Court relying on the evidence of prosecution witnesses and 
taking into consideration that the torn underwear of the victim had 
r-
been picked up by the Police from the spot, found the accused guilty 
of committing the offence punishable u/s. 376 IPC and ordered him 
H 
282 
t 
ST ATE v. MUNSHI 
283 
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to undergo rigorous imprisonment for 10 years. The appeal filed by A 
the accused against the order of the trial Court was allowed by the 
High Court. Hence, the present appeal. 
It was contended for the accused-appellant that the facts of tllis 
case revealed that the sexual intercourse had been consensual jn 
nature. 
B 
Allowing the appeal, the Court 
HELD: 1.1. This Court is aware of the self imposed limitation 
which the court must apply while examining the evidence in an appeal 
against acquittal and if the High Court has given cogent reasons ill c 
making its order, interference is not called for. However, in the 
instant case, High Court has grossly erred in assessing the evidence 
and the findings recorded are not only wrong but also based on a 
complete misreading of the evidence. Hence, this Court has chosen 
to re-evaluate the evidence. [Para 3] (285-FJ 
D 
1.2. It will be seen that the primary evidence is that of PWS, 
the prosecutrix herself. She unequivocally stated that she had gone 
to the well outside the village when she was picked up by the 
respondent, who had taken her into the bajra field where he raped 
her. She also stated that she had been unable to raise an alarm at E 
the time when the rape was being committed but she had raised the 
alarm as soon as she was able to do so and that her cries had 
attracted her grand mother PW 4 and another person, PW 6 and they 
too had come to the place of incident and seen the assailant running 
away. This story is corroborated by the evidence of PW-4 as well. It F 
.. 
has also come in the evidence that after the victim returned home 
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she told her parents about what had transpired, on which the First 
Information Report had been lodged without delay and she had also 
been sent for her medical examination, which too indicated fresh 
marks and indications of sexual intercourse which had occurred G 
within 24 hours. It is found that the ocular evidence is further 
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corroborated by the fact that the police officer had picked up a torn 
piece of underwear from the site which matched the undenvear that 
the victim had been wearing. This recovery when read with the 
evidence that the bajra field had been trampled upon clearly proves H 
284 
SUPREME COURT REPORTS 
[2007] 11 S.C.R. 
A not only the factum ofrape but also the place of incident. 
[Para 4] [285-G; 286-A-D] 
1.3. The fact that the hymen was freshly ruptured and the vagina 
could take only one finger with difficulty shows that the victim was 
not habituated to sexual intercourse and had been subjected to 
B intercourse against her will more p

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