Supreme Court of India

Rajinder alias Raju v. State of Himachal Pradesh

Criminal Appeal No. 670 of 2003 [(2009) 16 SCC 69]

Ratio Decidendi

Conviction can be based on the sole testimony of the prosecutrix. There is only need to look for corroboration when the prosecution’s case suffers from high improbabilities.

Case Notes

Facts

The prosecutrix is an 18 year old girl and the accused used to store his material at the prosecutrix’s house. The accused took the prosecutrix away on false pretences and later raped her. The accused was convicted by the trial court under Section 366 and 376 IPC while he was acquitted under section 3(1)(xii) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The accused’s appeal was dismissed by the High Court and hence an appeal was filed before the Supreme Court on the ground that the accused claimed to have had consensual sex with the prosecutrix and the same was proven due to the lack of injuries.


Judgment

The Court held that except in cases where there is high improbability in the prosecution’s case, convictions can be based on the sole testimony of the child survivor and ordinarily looking for corroboration in cases on sexual assault is unnecessary. The Court also noted that corroboration wasn’t mandatory and the absence of injuries wasn’t indicative of consent. The Court while upholding the conviction noted that while there had been a minor discrepancy during her cross examination, it did not in turn make her evidence unreliable.