Can a Rape Conviction under Section 376 IPC Be Sustained on a Sterling Witness without Corroboration?

 

Summary

Category Data
Case Name CRA No. 256 of 2007 of Kole @ Deeman Rathore vs State of Chhattisgarh
CNR CGHC010007092007
Date of Registration 04-04-2007
Decision Date 02-09-2025
Disposal Nature Allowed
Judgment Author Hon’ble Smt. Justice Rajani Dubey
Court High Court of Chhattisgarh at Bilaspur
Bench Single-Judge Bench (Justice Rajani Dubey)
Type of Law Criminal Law
Questions of Law Whether a conviction under Section 376 IPC can be sustained solely on the uncorroborated testimony of a “suspected” prosecutrix when medical evidence does not support recent intercourse and no test-identification parade was conducted.
Ratio Decidendi
  1. A prosecutrix’s testimony must meet the “sterling witness” standard from Rai Sandeep (2012 8 SCC 21): it must be consistent, unshaken under cross-examination, and correlate with other evidence.
  2. Medical evidence that does not support recent intercourse and the absence of an identification parade weaken the prosecution’s case.
  3. In such circumstances, benefit of doubt must be given and the conviction under Section 376 IPC set aside.
Judgments Relied Upon
  • Rai Sandeep Alias Deepu vs State (NCT of Delhi), (2012) 8 SCC 21
  • Nehnu Ram @ Narendra vs State of Rajasthan, (2020) 4 RCR (Criminal) 104
Logic / Jurisprudence / Authorities Relied Upon by the Court
  • High standard for a “sterling witness” from Rai Sandeep (consistency, unassailability, matching material facts).
  • Application of benefit of doubt where testimony is suspicious and lacking corroboration.
Facts as Summarised by the Court The prosecutrix alleged rape by appellant on 27-04-2004; FIR lodged same day at 17:30 hrs; medical examination on 29-04-2004 showed only abrasions; no internal injury or definite opinion on recent intercourse; no test-identification parade; defence plea of enmity and hearing disability of prosecutrix.
Citations
  • 2025:CGHC:44671 (High Court of Chhattisgarh)
  • (2012) 8 SCC 21
  • (2020) 4 RCR (Criminal) 104

What’s New / What Lawyers Should Note

  • Reinforces that uncorroborated prosecutrix testimony, when found “suspicious,” cannot sustain a rape conviction under Section 376 IPC.
  • Clarifies that absence of a test‐identification parade and medical evidence negative for recent intercourse must tilt the balance in favour of the accused.
  • Emphasises rigorous application of the “sterling witness” criteria from Rai Sandeep (2012 8 SCC 21) in sexual‐offence trials.
  • Confirms that delay in FIR and inconsistent answers under cross‐examination can undermine the quality of the prosecution’s core witness.
  • Provides a binding approach for Chhattisgarh’s subordinate courts to grant benefit of doubt where prosecutrix evidence fails the high standard.

Summary of Legal Reasoning

  1. Framing of Charge and Evidence
    Appellant convicted under Section 376 IPC based solely on prosecutrix testimony.
  2. Test for “Sterling Witness”

    • Court applied criteria from Rai Sandeep: consistency, unassailability, correlation with material facts.
  3. Assessment of Prosecutrix Testimony
    Found her answers inconsistent, partly inaudible, and dependent on husband’s gestures.
  4. Medical Evidence and Identification Parade
    Medical report (Ex.P/12) showed no internal injury or conclusive signs of intercourse; no identification parade conducted.
  5. Benefit of Doubt
    Given the suspicious nature of the core testimony and lack of corroboration, conviction cannot legally stand.
  6. Application of Precedent
    Followed Rai Sandeep (2012 8 SCC 21) and Nehnu Ram (2020 4 RCR (Criminal) 104) to acquit appellant.

Arguments by the Parties

Appellant (Petitioner)

  • Narrative of prosecutrix improbable and suspicious.
  • Unexplained delay in lodging FIR and late medical examination undermines credibility.
  • Prosecutrix pretended to be hard of hearing to evade cross‐examination; medical report does not support hearing disability.
  • Relied on Nehnu Ram @ Narendra (2020 4 RCR (Criminal) 104) to stress standard for witness reliability.

State (Respondent)

  • Trial court meticulously appreciated all oral and documentary evidence.
  • No basis to overturn conviction; prosecutrix testimony was correctly accepted.

Factual Background

The prosecutrix, a married woman, was allegedly accosted by the appellant on 27-04-2004 while walking to her parental home. She claimed he forcibly took her to a drain and committed rape. She lodged an FIR at 17:30 hrs the same day and underwent medical examination on 29-04-2004. The police prepared a spot map, seized a bicycle, and arrested the appellant. The trial court convicted him under Section 376 IPC based on her testimony, medical evidence, and witness depositions.

Statutory Analysis

  • Section 376 IPC: Defines rape and prescribes punishment; conviction requires proof beyond reasonable doubt.
  • Section 374(2) CrPC: Criminal appeal jurisdiction exercised to re-evaluate evidence and legal standards.
  • Section 437-A CrPC: Provision for bond on acquittal pending possible Supreme Court leave petition.

Alert Indicators

  • ✔ Precedent Followed – Strict application of “sterling witness” test from Rai Sandeep (2012 8 SCC 21).

Citations

  • 2025:CGHC:44671 (High Court of Chhattisgarh at Bilaspur)
  • Rai Sandeep Alias Deepu vs State (NCT of Delhi), (2012) 8 SCC 21
  • Nehnu Ram @ Narendra vs State of Rajasthan, (2020) 4 RCR (Criminal) 104

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