HARAN BAGO Vs. STATE

JUDGEMENT

(1.) THE Appellant stands convicted under Section 376 of the Indian Penal Code (for short, 'the Code ') for having committed rape on Sabiria Mahali (p.w. 10) at the residential house of the co -accused Sayed Azad Anwer, who stood trial with the Appellant for abetment but was acquitted, by confining the victim from 3.00 p.m. to 10.00 p.m. The Appellant has also been convicted under Section 342 of the Code. While for the commission of the offence of rape, the Appellant has been sentenced to undergo rigorous imprisonment for a period of five years, no separate sentence has been passed against him under Section 342 of the Code.

(2.) THE prosecution sought to rely its case mainly on the evidence of the alleged victim (p.w. 10) and some statements said to have been made by her after the occurrence to some of her relations and the evidence of p.w. 4 who had been accompanying the, victim at the relevant time when she was allegedly forcibly taken away and, kept confined and raped. The medical evidence did not, in terms, support a case of rape.

(3.) IF the evidence of the victim in a case of rape .does not suffer from any basic infirmity and the probabilities factor does not render it unworthy of credence, as a general rule, no corroboration need be insisted except from the medical evidence where, having regard to the circumstances of the case, medical evidence can be expected to be forthcoming corroboration may, however, be insisted upon where a woman having attained majority is found in a compromising position and there is a likelihood of .her having made, false accusation because of the instinct of self -preservation or when the probabilities -factor is found to be out of tune.