2011 (10) TMI 736 - SC - Indian Laws

Summary

Issues Involved:
1. Conviction under Section 376 IPC
2. Acquittal under Sections 366/34 IPC
3. Determination of the prosecutrix's age
4. Credibility of the prosecutrix's testimony
5. Conduct of the Investigating Officer

Summary:

1. Conviction under Section 376 IPC:
The Supreme Court upheld the High Court's decision affirming the appellants' conviction u/s 376 IPC. The High Court had reduced the sentence from 7 years RI to 5 years RI with a fine of Rs. 10,000 each, and in default, further punishment for 3 months. The Trial Court had meticulously scrutinized and appreciated the evidence, concluding that the prosecutrix's testimony was credible and corroborated by medical evidence.

2. Acquittal under Sections 366/34 IPC:
The High Court acquitted the appellants of charges u/s 366/34 IPC. The Supreme Court noted that since the High Court had acquitted the appellants of kidnapping charges, this issue did not require further consideration.

3. Determination of the prosecutrix's age:
The courts labored to determine the prosecutrix's age due to conflicting birth certificates. The Birth Certificate issued u/s 17 of the Registration of Birth & Death Act, 1969, indicated she was born on 2.9.1974, making her less than 16 years old at the time of the incident. The medical report from Ram Manohar Lohia Hospital suggested her age was between 16 and 17 years. The Supreme Court concluded that the prosecutrix was less than 16 years old on the date of the incident, considering the margin of error in radiological age determination.

4. Credibility of the prosecutrix's testimony:
The Supreme Court emphasized that the prosecutrix's testimony, if found credible, requires no corroboration. The Trial Court found no reason to disbelieve her, as no self-respecting girl would falsely accuse someone of rape. The prosecutrix's evidence was fully corroborated by medical evidence, and the courts did not find any cogent reason to interfere with the findings.

5. Conduct of the Investigating Officer:
The Investigating Officer's conduct was questioned, as he made statements that appeared to help the appellants. However, the Supreme Court held that even if the investigation was suspicious, the rest of the evidence must be scrutinized independently. The court must have predominance in criminal trials over the actions of investigating officers.

Conclusion:
The appeals were dismissed, with the Supreme Court finding no merit in the arguments presented by the appellants. The conviction u/s 376 IPC was upheld, and the sentence reduction by the High Court was deemed appropriate given the circumstances.