2004 (2) TMI 710 - SC - Indian Laws

Summary

Issues Involved:
1. Credibility of the prosecutrix's testimony.
2. Applicability of Section 376 (2)(g) IPC versus Section 354 IPC.
3. Legal standards for proving rape and penetration.
4. Consideration of medical evidence.
5. Distinction between preparation, attempt, and commission of rape.

Issue-wise Detailed Analysis:

1. Credibility of the prosecutrix's testimony:
The primary issue revolved around whether the testimony of the prosecutrix alone could sustain a conviction. The Court observed that a prosecutrix complaining of rape is not an accomplice and that her testimony does not require corroboration in material particulars. She stands at a higher pedestal than an injured witness because the injury in rape cases is both physical and psychological. However, the Court also noted that if the testimony of the prosecutrix is difficult to accept at face value, it may seek additional evidence to lend assurance to her testimony.

2. Applicability of Section 376 (2)(g) IPC versus Section 354 IPC:
The trial court convicted the accused under Section 376 (2)(g) IPC, which was upheld by the High Court. However, the Supreme Court found that the evidence did not conclusively prove penetration, which is essential for a conviction under Section 376 IPC. The Court noted that the case was more appropriately one of indecent assault and thus reclassified the offence under Section 354 IPC, which deals with outraging the modesty of a woman.

3. Legal standards for proving rape and penetration:
The Court emphasized that penetration is the sine qua non for an offence of rape. It clarified that even the slightest degree of penetration is sufficient to constitute rape, and emission of semen or rupture of the hymen is not necessary. The Court referred to legal precedents and medical standards to underline that partial penetration within the labia majora is sufficient for the offence of rape.

4. Consideration of medical evidence:
The medical evidence was scrutinized to determine whether it supported the claim of penetration. The Court noted that the medical examination did not specifically refer to penetration, which is a critical element for the offence of rape. The presence of smegma on the accused, which negates the possibility of recent complete penetration, was also considered.

5. Distinction between preparation, attempt, and commission of rape:
The Court discussed the stages of a crime: intention, preparation, and attempt. It stated that for an attempt to commit rape, there must be evidence of intent to have sexual intercourse at all events, notwithstanding any resistance. The Court found that the evidence did not show that the accused were determined to have sexual intercourse in all events, thus negating the charge of attempt to commit rape under Section 376/511 IPC.

Conclusion:
The Supreme Court set aside the conviction under Section 376 (2)(g) IPC and instead convicted the appellants under Section 354 read with Section 34 IPC. The custodial sentence was reduced to two years each, with a fine of Rs. 500 each and a default stipulation of three months rigorous imprisonment in case of failure to pay the fine. The appeal was allowed to the extent indicated.