November 20, 2017

“Minor contradictions or discrepancies can’t be treated a ground for disregarding otherwise reliable testimony.”

Recently, the Delhi High Court observed that a rape survivor’s testimony can be accepted without any corroboration, especially in a case where the rapist is her father.

Justice Pratibha Rani observed that”While dealing with the case of rape wherein the offender is no one else but the father, the version of the prosecutrix can be accepted without any corroboration.”

The High Court was hearing an Appeal challenging the conviction & sentence awarded to the Appellant under the Section 376 of the IPC for raping his 17-year-old daughter. The Appellant had challenged his conviction, pointing out the discrepancies in his daughter’s testimony.

However, the Court refused to accept such assertions, noting that the discrepancies were minor & that the complainant’s testimony was largely reliable.

The High Court thus concluded that,”It’s established that PW-5, ‘A’ was subjected to rape by the appellant. Medical evidence corroborated the testimony of the prosecutrix to the extent that her hymen was found ruptured.

Minor contradictions or discrepancy appearing in her statement as pointed out by the learned counsel for the appellant can’t be treated a ground for disregarding otherwise reliable testimony which proved prosecution case beyond reasonable doubt”.

Read Judgment @ Latest Laws:

Delhi HC Judgment (Free Downloadable PDF)

Delhi HC Judgment by Latest Laws Team on Scribd

Source - ptinews.com