The Supreme Court has held that though the testimony of a rape victim has to be given predominant consideration, the same can be discarded if the allegations are found to be improbable and defies logic.
“It is true that in a case of rape, the evidence of the prosecutrix (victim) must be given predominant consideration but to hold that this evidence has to be accepted even if the story is improbable and belies logic would be doing violence to the very principles which govern the appreciation of evidence in a criminal matter,” the apex court said.
A bench of Justices H S Bedi and Aftab Alam made the remarks while acquitting Tameezuddin who was convicted and sentenced to seven years’ imprisonment for raping a housewife in Delhi on September 28, 1995.
The Delhi High Court had confirmed the conviction and sentence, after which Tameezuddin filed an appeal in the apex court.
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