The SC has held that in rape cases the sole testimony of the victim even if she is a child is sufficient to convict an accused.
The Supreme Court has held that in rape cases the sole testimony of the victim even if she is a child is sufficient to convict an accused.
"We find no reason as to why a child of her age i.e. prosecutrix will get an innocent person named for an offence which was indisputably committed on her.
"It is settled position of law that the conviction for offence under Section 376 (rape) can be based on the sole testimony of a rape victim if the evidence of the prosecutrix is found to be credible and convincing," a Bench of Justices Mukundakam Sharma and B S Chauhan observed in a judgement.
The apex court passed the observation while setting aside an acquittal order passed by the Himachal Pradesh High Court in a rape case where the victim aged around 12 years was raped by accused Suresh Kumar (26) on March 15, 2000.
After committing the heinous offence the accused tried to silence her by giving her Rs 5 and sugar.
The sessions court Bilaspur convicted and sentenced Kumar to seven years imprisonment. The conviction was based on the testimony of the victim and deposition of her elder sister and mother to whom she confided about the incident.
However, the high court ordered acquittal on the ground that the testimony of the trio was not convincing following which the state appealed in the apex court.
"In fact, in a case like this, when the prosecutrix, who was a minor girl on the date of incident, has come forward and stated that she was raped by the accused and her testimony could not be shaken in the cross-examination, we have no reason to disbelieve her for no girl would ever lie on a vital issue of this nature.
"Even her sister and mother also stated as to what were reported by the prosecutrix herself immediately after the alleged occurrence," the apex court said while restoring the conviction and seven years sentence imposed by the sessions
court.
The apex court directed the accused to surrender before the trial court forthwith to serve out the remaining period of the sentence within a period of four weeks failing which he shall be traced by the police and arrested to serve the remaining sentence.
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