LexWAHID KHAN versus STATE OF MADHYA PRADESH
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·' (2009) 15 (ADDL.) S.C.R. 1207 WAHID KHAN A " v. STATE OF MADHYA PRADESH (Criminal Appeal No. 1798 of 2008) ' DECEMBER 01, 2009 19: B [J.M. PANCHAL AND DEEPAK VERMA, JJ.] . Penal Code, 1860 - ss. 366 and 376 - Rape on 12 years ,.\_ old girl - Prosecution for - FIR lodged by prosecutrix immediately after the incident - A police official who found c the accused red-handed, corroborating the evidence of prosecutrix - Medical report showing no rupture of hymen - Non-examination of doctor who examined the prosecutrix - ,. Conviction uls. 376 and acquittal u/s. 366 by Courts below - On appeal, Held: Accused liable to be convicted - Evidence D ii t- of prosecutrix is consistent and corroborated by evidence of police officer - Non-examination of doctor not fatal - Ev~n if hymen was not ruptured, the act of accused could constitute offence of rape - To make out an offence of rape, depth of penetration is immaterial. E Evidence - Corroboration - In rape cases - Need for - Evidentiary value of prosecutrix - Held: In rape cases ( 7' testimony of prosecutrix stands at par with that of an injured eye-witness - Corroboration is not a sine qua non for F conviction in a rape case - If evidence of prosecutrix inspires confidence, it needs no corroboration. Appellant-accused was prosecuted u/ss. 366 and -- -375 IPC for committing rape of a minor girl. Co-accused was also prosecuted u/ss. 342 and 366 IPC. Trial Court G acquitted the co-accused of all the charges. Appellant- -~ accused was convicted u/s. 376 and acquitted of charges u/s. 366. High Court confirmed the order: of trial court. Hence the present appeal. 1207 H 1208 SUPREME COURT REPORTS [2009) 15 (ADDL.) S.C.R. A · Dismissing the appeal, the Court >- _, HELD: 1.1. The version of the prosecutrix right from lodging of the FIR, till her examination by the doctor and till she deposed in court, had been absolutely consistent. B Not only this, to corroborate further, the evidence of P.W.3 is also on record who had caught the appellant red- handed which fully establishes that it was the appellant who had committed offence of rape. [Para 30] [1217-E-F] Radhu v. State of Madhya Pradesh (2007) 12 SCC 57, ). c distinguished. 1.2. Even if doctor had not been examined, it would not throw or completely discard the prosecution story. The evidence of, prosecution witnesses is fully D trustworthy and there is no reason to doubt genuineness thereof. Corroboration is not the sine qua non for 4 conviction in a rape case. In the instant case, even without the examination of doctor, the evidence of prosecutrix stands fully corroborated by the evidence of E P.W.3, Sub-inspector of the Police Station who had virtually caught the appellant red-handed. [Paras 19 and 23] [1214-E-F; 1215-E-F] Rameshwar v. State of Rajasthan AIR 1952 SC 54, relied ~ on. F 1.3. It is also a matter of common law that in Indian society any girl or woman would not make such allegations against a person as she is fully aware of the - repercussions flowing therefrom. If she is found to be G false, she would be looked by the society with contempt throughout her life. For an unmarried girl, it will be difficult to find a suitable groom. Therefore, uniess an offence has y- really been committed, a girl or a woman would be extremely reluctant even to admit that any such incident H had taken place which is likely to reflect on her chastity. I WAHID KHAN v. STATE OF MADHYA PRADESH 1209 She would also be conscious of the danger of being A ostracized by the society. Thus, in a case of rape, - .,. testimony of a prosecutrix stands at par with that of an injured witness. It is really not necessary to insist for corroboration if the evidence of the prosecutrix inspires confidence and appears to be credible. [Paras 21 and 22) B [1215-8-D] 2. It is not correct to say that since hymen of the prosecutrix was found to be intact, offence of rape cannot be said to have been committed on her by the C appellant. Even a slightest penetration is sufficient to make out an offence of rape and depth of penetration is immaterial. Hence, the act of the appellant would certainly constitute an offence of rape. [Paras 24, 25 and 28] [1215- G-H; 1216-A-B; 1217-A-B] 'Medical Jurisprudence and Toxicology' by Modi (Twenty + SecondEdition) p. 495; Parikh's Textbook of Medical Jurisprudence andToxicology, 'sexual intercourse, referred to. Case Law Referen
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