Facts
The survivor aged about 20 years, was sleeping alone in her room, when the accused entered her room, committed rape upon her and fled away. FIR was lodged. The accused was tried and convicted under section 376 IPC by the sessions court. Aggrieved by the order , the accused appealed his conviction before the High Court and his appeal was dismissed. Hence an appeal was filed before the Supreme Court on four grounds and one of the grounds being that the prosecution’s case rests solely on the deposition of the survivor only. It was argued by the accused counsel that no other independent witnesses had been examined and/or supported the case of the survivor.
Judgment
The Court held that the survivor had fully supported the case of the prosecution. She had been consistent right from the beginning and there is nothing specific pointing out why the sole testimony of the survivor should not be believed. There exists no doubt regarding the credibility and /or trustworthiness of the survivor. The court also rejected the submission made by the accused that there were no other independent witnesses to support the case of the prosecution and that conviction on the basis of the sole testimony of the survivor can not be sustained. The court also held that a conviction can be made on the sole testimony of the survivor/survivor when the deposition is found to be trustworthy, unblemished, credible and her evidence is of sterling quality. Further, the court concluded that the accused could be convicted solely on the testimony of the survivor without the need of any further corroboration.Therefore dismissing the appeal and upholding the conviction.