Mere Lack Of Injuries On Rape Victim Who Was Examined Days After Incident Not A Reason To Doubt Her Credibility: Sikkim High Court

The division bench of Justice Meenakshi Madan Rai and Justice Bhaskar Raj Pradhan observed that “mere lack of injuries on the victim's body who was examined after five days of the incident, would not be fatal to the prosecution case when the victim's testimony is found reliable.”

The petition was filed by the accused/appellant against his conviction by the Trial Court for offence of rape under Section 376(1) of the Indian Penal Code, 1860 (IPC). The victim was medically examined after the lodging of FIR, which was after five days of the incident. The accused/appellant argued that the victim gave a false accusation to avenge him for rejecting the proposal to marry the victim's sister and that there were no struggle marks or injuries on the body of the victim.

The Trial Court had found the victim's testimony to be reliable and that the delay in lodging the FIR was adequately and reasonably explained. Based on the Trial Court's opinion that the victim's testimony inspires confidence, the High Court remarked “It is, therefore, important for us to examine the testimony of the victim. If the victim's testimony is found creditworthy lack of injury on her body when she was medically examined only after five days would not materially affect the prosecution case.”

The High Court noted that the during the trial, the victim had described the incident in good detail and gave the answers honestly during cross-examination. It held that the sole testimony of the victim was reliable and the lack of injuries cannot be a reason to doubt the credibility of the victim.

“We are, therefore, of the opinion that the sole testimony of the victim inspires confidence and does not suffer from any basic infirmity. The probability factor also does not render it unworthy of credence. We are alive to the fact that in a case of rape, no self respecting woman would come forward in a Court just to make a humiliating statement against her honour to avenge, as was alleged by the defence, the rejection of the match of one of her sisters with the appellant.” the Court stated.

The Court upheld the Trial Court's conviction of accused for the offence of rape.

Case title: Tshering Thendup Bhutia vs. State of Sikkim (CRL. A. No. 13 of 2022)

Citation: 2024 Live Law (Sik) 4

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