Indian Penal Code, 1860 – Section 376 – Rape – Consent – Appeal against conviction – Appreciation of evidence – Held: Even if we believe that the appellant had committed sexual intercourse with the victim on the fateful evening, the question arises as to whether such an act was with or without the consent of the victim and as to whether the testimony of victim to the effect that the sexual intercourse was without her consent is reliable or not.
If the statement of the victim has inherent infirmities, which cast doubt about its veracity, same may not be acted upon. In the instant case, the appellant has been able to raise such a doubt while cross-examining the victim. Wherein she has stated that she did not raise any hue and cry when the appellant entered into her residence in absence of her husband and though all the five children were with her at that time, they were also not alerted by her. . Further, there is no evidence to suggest that the appellant was carrying any weapon with him which caused the victim to get frightened and surrender herself to the appellant. Thus, from the testimony of the victim, it appears that there are inherent infirmities which creates doubt about its veracity and thus the same is not safe to be relied upon for arriving at a finding of guilt of the present appellant solely on the basis of her uncorroborated testimony. Conviction set aside. (Para 21, 22)
GAUHATI HIGH COURT
2023 STPL(Web) 89 Gauhati
[GAHC010211912019]
Sri Biru Chetry, Karbi Anglong, Diphu, Assam. Vs. State Of Assam
CRL.A(J) NO. 58 of 2019-Decided on 11-9-2023
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