Sole testimony of rape survivor enough for conviction: Allahabad HC

Citing another ruling, the court said there was no legal compulsion to look for any other evidence to corroborate the evidence of the prosecutrix

In a significant verdict, the Allahabad High Court ruled that the sole testimony of a rape survivor was enough to "sustain" the conviction of the accused.

A single bench of Justice Rajendra Kumar IV of the court gave the ruling on Thursday while dismissing a criminal appeal preferred by one Mustakeem against the order of the trial court in Shahjahanpur district sentencing him to undergo four years rigorous imprisonment and with a fine.

According to the prosecution, the accused caught hold of the victim, then only nine years old, when she was out looking for her brother and tried to rape her after taking her to a secluded place in August 1987.

''At the outset, it is required to be noted that in the present case, the prosecutrix has fully supported the case of the prosecution. She has been consistent right from the very beginning. Nothing has been specifically pointed out why the sole testimony of the prosecutrix should not be believed,'' the court observed.

''Even after thorough cross-examination, she has stood by what she has stated and has fully supported the case of the prosecution. I see no reason to doubt the credibility and/or trustworthiness of the prosecutrix. The submission on behalf of the accused that no other independent witnesses have been examined and/or supported the case of the prosecution and the conviction on the basis of the sole testimony of the prosecutrix cannot be sustained,'' it added.

''In the case of Ganesan V State, the court has observed and held that there can be a conviction on the sole testimony of the victim/prosecutrix when the deposition of the prosecutrix is found to be trustworthy, unblemished, credible and her evidence is of sterling quality,'' it further stated.

The court cited another ruling and said that there was no legal compulsion to look for any other evidence to corroborate the evidence of the prosecutrix before recording an order of conviction. ''Evidence has to be weighed and not counted. A conviction can be recorded on the sole testimony of the prosecutrix if her evidence inspires confidence and there is absence of circumstances which militate against her veracity,'' it said.

''It is now a well-settled principle of law that conviction can be sustained on the sole testimony of the prosecutrix if it inspires confidence,'' the court added.

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