J. Venkatesan IN THE HINDU
|Their statements have to be accepted in toto: Supreme Court|
‘Why should the evidence of a woman complaining of rape be viewed with doubt or disbelief?’
‘Improper and undesirable to test her evidence with suspicion, treating her like an accomplice’
NEW DELHI: The Supreme Court has held that in cases of rape, particularly, if the victims are illiterate, their statements have to be accepted in toto without further corroboration for convicting the accused. A Bench of Justice comprising Justice P. Sathasivam and Justice R.M. Lodha said: “Any statement of rape is an extremely humiliating experience for a woman, and until she is a victim of sex crime, she would not blame anyone but the real culprit. “While appreciating the evidence of the prosecutrix, the courts must always keep in mind that no self-respecting woman would put her honour at stake by falsely alleging commission of rape on her, and therefore, ordinarily a look for corroboration of her testimony is unnecessary and uncalled for.” Writing the judgment, Justice Sathasivam, quoting earlier judgments, said: “When a First Information Report is lodged by a lady with regard to the commission of offence like rape, many questions would obviously crop up for consideration before she finally decides to lodge the FIR. “It is difficult to appreciate the plight of the victim who has been criminally assaulted in such a manner. Obviously, the prosecutrix must have also gone through great turmoil and only giving it a serious thought, must have decided to lodge the FIR.” Quoting another judgment, the Bench said seeking corroboration of the rape victim’s statement before relying upon the same would amount to adding insult to injury. “Why should the evidence of a girl or a woman who complains of rape or sexual molestation be viewed with doubt, disbelief or suspicion? Corroborative evidence is not an imperative component of judicial credence in every case of rape.
“It must not be overlooked that a woman or a girl subjected to sexual assault is not an accomplice to the crime but is a victim of another person’s lust, and it is improper and undesirable to test her evidence with a certain amount of suspicion, treating her as if she were an accomplice,” the Bench said. In the instant case, two illiterate sisters, working in a quarry, were raped by appellants Santhosh Moolya and Surendra Gowda in Ashwathapura village in Dakshina Kannada, Karnataka. The trial court found the accused guilty and convicted them to undergo seven years rigorous imprisonment, and this was confirmed by the Karnataka High Court. The present appeals are directed against this judgment on grounds that the FIR was registered 42 days after the incident and that it was not safe to rely on the testimony of the victims alone in the absence of further corroboration. Rejecting the contention and dismissing the appeals, the Bench said: “We are satisfied that though there was a delay of 42 days in lodging the complaint, the same was properly explained by the victims and other witnesses. We have noticed that except the victims, no male member is available in their family to help them. “Further, the prosecution witnesses asserted that after committing the rape, the appellants had threatened that they would kill the victims if they informed anyone. There is no reason to disbelieve the statement of the victims and the courts below have rightly accepted their statements.”