LexSTATE OF TAMIL NADU versus RAVI @NEHRU
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A B STATE OF TAMIL NADU v. RAVI @NEHRU JULY 4, 2006 [H.K. SEMA AND A.K. MATHUR, JJ.] Penal Code, 1860-Section 376-Rape of a minor girl aged 5 years- Doctor ·who examined the victim girl (P W-6) stated that the hymen of girl was C ruptured, however opined that male organ could not have penetrated the girl's vagina-Doctor who examined accused (PW-5) stated that the cut wound on the penis of accused might have been caused when penis was forced into the vagina-Conviction by trial court-Set aside by High Court-On appeal, Held: Finding of High Court is perverse and inconsistent with evidence on record-Evidence of victim is corroborated by eyewitness and other witnesses- D Ocular evidence is well corroborated with the medical evidence-High Court committed grave miscarriage of justice in recording acquittal by disbelieving the testimony of victim girl on the ground that her testimony was not corroborated by PW-6 and also by not noticing the testimony of PW-5. E According to prosecution, accused took PW-2, victim girl aged 5 years to a roora and after removing her underwear pressed his male organ on her female organ. She cried in pain, on hearing which, two persons came there and scoldled the accused. The accused then ran away. Thereafter, the prosecutrix went to her house sobbing and narrated the story to her mother PW-I. PW-1 washed her clothes, which contained F bloodstains and gave her bath with the help of PWs 8 and 9. PWs 8 and 9 also washed her sexuial organ. She took PW-2 to government hospital. PW-6, In-charge of the government hospital after examining PW-2 stated that she was in a conscious state of mind, there were no external injuries, there were no blood stains on her dress, there was no injuries on her female G organ but hymen was ruptured and there were no fresh bleedings from the female organ. PW-6, however, opined that the penis would not have gone inside the girl's 'Vagina and that there was no sign of rape. PW-5, Asstt. Medical Officer examined accused the next day and found some cut on the bottom portion of his penis. H 156 '· STA TE OFT AMIL NADU v. RA VI@ NEHRU 157 Trial Court found accused guilty of rape. High Court set aside A conviction holding that the statement of prosecutrix is not corroborated by the evidence of PW-6. Hence the present appeal. Allowing the appeal, the Court HELD: 1. The finding of the High Court is absolutely perverse and B inconsistent with the evidence on record. First of all no opinion could be given by PW-6 that there was nc sign of rape. Regarding non presence of blood stains on her vaginal part and on her wearing apparel, it is the categorical testimony of PWs 1, 8 and 9 that the prosecutrix was given bath, her vagina was washed and her wearing apparel was washed before C taking her to doctor. PW-6 having recorded that hymen of the vagina was torn was not justified in giving an opinion that the male organ would not . have penetrated into the young girl's vagina. [16~-C-D] 2. The High Court has completely overlooked the testimony of PW- 5, Asstt. Medical Officer who conducted the medical test on the accused. D The accused was 22 years old and the prosecutrix was about 4 to 5 years old. It is well-established principle that when a fully developed man has committed sexual assault with a minor girl aged about 4 or 5 years there is likelihood of an injury being caused on the penis. PW-5 found that there was cut wound at the bottom of penis of the accused and when the cut wound was pressed bloodstain was there. He further stated that the penis E of the accused was fully developed and he possessed virility. Doctor further opined that there was a possibility of cut wound of the kind of accused when the penis is forced into the vagina. It is unfortunate that this stark testimony of PW-5 against the accused for which he has no explanation, has escaped the notice of the High Court. [162-E, G-H; 163-A] Madan Copa/ Kakad v. Naval Dubey, [1992] 3 SCC 204, referred to. Modi in Medical Jurisprudence and Toxicology (Twenty First Edition); Parikh 's Textbook of Medical Jurisprudence and Toxicology; Encyclopaedia of Crime and Justice (Vol.4), referred to. 3.1. It is now well-accepted principle of law that conviction can be founded on the testimony of the prosecutrix alone unless there are compelling reasons for seeking corroboration. It is also well accepted principle of law that corroboration as a condition for judicial re
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