STATE OF RAJASTHAN versus OM PRAKASH

Citation: [2002] 3 S.C.R. 753 · Decided: 03-05-2002 · Supreme Court of India · Bench: Y.K. SABHARWAL · Disposal: Appeal(s) allowed

Cited by 4 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

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STATE OF RAJASTHAN 
A 
v. 
OM PRAKASH 
MAY 3,2002 
[Y.K. SABHAR WAL AND B.P. SINGH, JJ.] 
B 
Penal Code: Section 376: 
Rape of a minor girl-Conviction of accused-Held, the cases involving 
sexual molestation and assault requires a sensitive approach different from C 
the approach the Court may adopt in dealing with normal offence-Sole 
testimony of rape victim is sufficient to convict the accused 
Evidence Act : 
Non-examination of independent witnesses-Non-examination of Lady D 
doctor who conducted medical examination of the victim-Effect of-Held, 
ideally doctor should be examined but non-examination does not destroy the 
prosecution case which otherwise stands proved. 
Rape-Injury on the victim-Proving of-Held, injuries arenot always E 
a sine qua non to prove a charge of rape of a girl child. 
Child witness-Evidence-Evaluation of-Court must find adequate 
corroboration before it is relied on. 
Sentencing-Accused in rape case--8ympathetic consideration on the F. 
ground that accused had attained maturity and had already served part of 
sentence-Held, accused played with the life of the girl child-Hence does 
not deserve any sympathy. 
According to prosecution, the accused a youth aged 18 years, committed 
rape of the prosecutrix when she went into the house of th~ accused to take G 
butter milk therefrom, an F.I.R. was registered on the next day as the victim 
was unconscious, her father and uncle came back to their house only in the 
evening and no mode of conveyance was available by that time to go to police 
station. Medical examination of the victim took place and 14 witnesses including 
the prosecutrix, her parents and others had been examined by the prosecution. 
753 
I-I 
754 
SUPREME COURT REPORTS 
[2002] 3 S.C.R. 
A Trial Court relied upon their testimony and convicted the accused of the offence 
ofrape and sentenced him to seven years imprisonment In appeal, High Court 
reversed the Judgment of Trial Court giving benefit of doubt to the accused. 
Hence this appeal by the State. 
B 
c 
D 
E 
F 
It was contended for the respondent that delay in lodging the F.I.R. 
assumed importance and resulted in the embellishments; that if there was any 
forcible sexual interreu~~~. it would have resulted in some injuries upon the 
prosecutrix; and that since the incident took place about 13 years back besides 
the accused had already undergone 3 years of sentence, a sympathetic view 
may be taken. 
Allowing the appeal, the Court 
HELD : I. The real question in the present case is about the explanation 
for the delay. It is not at all unnatural for the family members to await the 
arrival of the elders in the family when the offence of this nature is committed, 
before taking a decision to lodge a report with the police. The reputation and 
prestige of the family and the career and life of a young child is involved in 
such cases. Therefore, the presence of the brother of the prosecutrix at home 
is not of much consequence. It has been established that the father of the girl 
along with his brother came back to their house in the evening. The girl was 
unconscious during the day. Mother of the prosecutrix told her husband as to 
what had happened to their daughter. The police station was at a distance of 15 
Kms. According to the testimony of Parents of victims, no mode of conveyance 
was available. The police was reported the next day morning and FIR was 
recorded at 11.30 a.m. The delay in reporting the matter to the police has thus 
been fully explained. (759-D-E-F) 
Thulia Kali v. The State of Tamil Nadu, AIR (1973) SC 501, referred to. 
2.1. Conviction for offence under Section 376 IPC can be based on the 
sole testimony of a rape victim is a well settled proposition. The evidence has 
G been found to be trustworthy, convincing and reliable. The High Court seems 
to have overlooked that it had been established on record that at the time of the 
incident accused was alone at home. When such an act is done, the natural 
tendency is that victim does not talk about it to others, and to the extent possible 
hide it. (760-D-E] 
H 
2.2. High Court has clearly committed a serious illegality in assuming 
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STATE OF RAJASTHAN v. OM PRAKASH 
755 
that in natural course of events if rape had been committed, the young girl and A 
her mother would have shouted so as to collect others and they would have 
visited her house. The prosecutrix was unconscious. There.. was no question of 
·prosecutrix shouting as a

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