Supreme Court overturns High Court acquittal in State of Himachal Pradesh v. Hukum Chand, stressing the credibility of prosecutrix's testimony.
In a significant judgment, the Supreme Court of India has reinstated the conviction of Hukum Chand alias Monu, accused of raping a nine-year-old girl, overturning the acquittal granted by the Himachal Pradesh High Court. This decision underscores the sufficiency of the prosecutrix's sole testimony in rape cases, provided it inspires confidence.
The case, dating back to 2007, involved the brutal assault of a young girl sent to fetch buttermilk, only to be sexually assaulted by the accused in a cowshed. The Trial Court originally convicted Hukum Chand based on the prosecutrix's testimony, supported by medical evidence and corroborative witness accounts. However, the High Court later acquitted him, citing improbabilities in the prosecution's narrative and inconsistencies in witness testimonies.
The Supreme Court bench, comprising Justices Sanjay Karol and Nongmeikapam Kotiswar Singh, held that the High Court had erred in its judgment by focusing excessively on minor discrepancies and alleged improbabilities without considering the core evidence. The Court reiterated that the conviction can be sustained on the prosecutrix's testimony alone if it is credible and corroborated by medical evidence.
Medical examination had confirmed injuries consistent with sexual assault, and the prosecutrix had positively identified the accused. Despite discrepancies regarding the distance traveled to fetch buttermilk and familial tensions, the Supreme Court found these factors insufficient to overturn the trial court's conviction. The Court emphasized that minor inconsistencies should not overshadow the prosecutrix's credible testimony, which had withstood cross-examination.
Furthermore, the Supreme Court criticized the handling of the victim's identity, mandating strict adherence to Section 228A of the IPC to protect the anonymity of rape survivors, a directive reinforced by prior judgments.
The judgment serves as a reminder of the judiciary's role in safeguarding victims' rights, ensuring justice through thoughtful evaluation of evidence, and protecting the dignity of survivors. The accused has been directed to surrender immediately to serve the remainder of his sentence.
Bottom Line:
Conviction in rape cases can be sustained on the sole testimony of the prosecutrix if it inspires confidence, and corroboration is not a legal necessity unless there are compelling reasons.
Statutory provision(s): Indian Penal Code, 1860 Section 376, Evidence Act, 1872 Section 45, Criminal Procedure Code, 1973 Section 327, Indian Penal Code Section 228A.
State of Himachal Pradesh v. Hukum Chand Alias Monu, (SC) : Law Finder Doc id # 2871159
