- (1.) The question for our consideration is whether the High Court erred in not taking into account the statement and testimony of H.L. that the respondent had raped her on several occasions and thereby acquitting him. In our opinion, the High Court committed an error of law in not considering the evidence put forward by the prosecutrix (who was less than 16 years when she was raped) and ignoring the settled position in law that if the sole testimony of the prosecutrix is credible, a conviction can be based thereon without the need for any further corroboration. The facts:
(2.) On 12th March 1990, PW-3 Sardara Singh, a resident of Village Farmana, lodged a complaint with PW-1 ASI Mehar Singh of Police Station Kharkhoda to the effect that his granddaughter H.L. aged about 14-15 years and staying with him had been missing since 8.00 p.m. on 27th February 1990. According to the complainant, H.L. had left the house for answering the call of nature but did not come back. Efforts were made to trace her out, including at the residence of relatives and at her parental home in Nainital but without success. The complaint of Sardara Singh further stated that he suspected that Mohinder Singh and Satte had enticed her away.
(3.) The complaint was registered as a First Information Report and investigations commenced to trace out H.L.;