Bom HC | Even where victim turned hostile, conviction for rape upheld on basis of material corroboration of evidence

Bombay High Court: Sadhana S. Jadhav, J. dismissed an appeal filed against the Judgment of the Additional Sessions Judge whereby the appellant was convicted for the offence of rape punishable under Section 376(2)(f) IPC.

This was a traumatic story of a minor victim aged 10 years who was sexually assaulted by her father. She was taken to the agricultural field by her father from the middle of the school and rape was committed on her. The father was convicted by the trial court. The present was an appeal against his conviction.

It may be noted that during her examinations, the little girl — the victim, turned hostile and stated: “It is true that I am feeling that my father should get free from the jail, as early as possible.” Her evidence concluded in denial: “It is not true that to help my father I am not disclosing true fact before the court.” She even denied that she was admitted in the civil hospital. Little did the innocent soul know that the same was being corroborated by medical case papers.

The High Court held that the appellant’s conviction as recorded by the trial court deserved to be upheld. His guilt was proven beyond doubt through prosecution evidence, the prime from which being the medical evidence. Other cases were discussed wherein it had been held that if a witness turns hostile, his statement given to the Magistrate under Section 164 CrPC at the earliest opportunity must get some credence if it is being materially corroborated at material points. It was noticed that not only the appellant (her father) but her mother too influenced the victim to turn hostile. Terming it as a scar on human relations, the Court said: “She could bear the physical pain but would be living with an injury to her soul. The biggest trauma would be that she was not even supported by her mother, and was expected to speak a lie before the Court.” Observing as aforesaid, the Court dismissed the appeal. [Baban Devji Rathod v. State of Maharashtra, 2019 SCC OnLine Bom 704, dated 10-04-2019]

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