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TMI Blog2006 (2) TMI 726X X X X Extracts X X X X X X X X Extracts X X X X ..... ctim had gone to witness a marriage procession in the night. When she was coming back to her house in the night at about 12 O' clock the accused sexually assaulted her. She was threatened that if she disclosed about the incident to anybody, she would be killed. Suffering from the acute pain the victim told her sister, mother and grandmother about the incident. The matter was reported to the police. The accused person was arrested; medical tests were conducted both in respect of the accused and the victim, and after completion of investigation charge sheet was filed. The Trial Court found the accused guilty of the offences charged under Section 376(2) IPC and Section 3(2)(v) of the Atrocities Act and sentenced him. The appeal before the Rajasthan High Court, Jaipur Bench, did not bring any relief to the accused. 5. In support of the appeal, learned Counsel for the appellant submitted that the evidence is not credible and cogent. There are many inconsistencies in the evidence, more particularly, of the victim (PW-8). This is not a case where life imprisonment could have been awarded. In any event there is no material to bring in application of Section 3(2)(v) of the Atrocities ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eged or found to have been committed can be punished. True it is, the restriction, does not relate to printing or publication of judgment by High Court or Supreme Court. But keeping in view the social object of preventing social victimization or ostracism of the victim of a sexual offence for which Section 228A has been enacted, it would be appropriate that in the judgments, be it of this Court, High Court or lower Court, the name of the victim should not be indicated. We have chosen to describe her as 'victim' in the judgment. (See State of Karnataka v. Puttaraja 2004CriLJ579 . 9. The offence of rape occurs in Chapter XVI of IPC. It is an offence affecting the human body. In that Chapter, there is a separate heading for Sexual offences , which encompass Sections 375, 376, 376A, 376B, 376C and 376D I.P.C. Rape is defined in Section 375 I.P.C. Sections 375 and 376 I.P.C. have been substantially changed by Criminal Law (Amendment) Act, 1983, and several new sections were introduced by the new Act, i.e. 376A, 376B, 376C and 376D. The fast sweeping changes introduced reflect the legislative intent to curb with iron hand, the offence of rape which affects the dignity of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctim of sexual assault in the absence of corroboration as a rule, is adding insult to injury. A girl or a woman in the tradition bound non-permissive society of India would be extremely reluctant even to admit that any incident which is likely to reflect on her chastity had ever occurred. She would be conscious of the danger of being ostracized by the society and when in the face of these factors the crime is brought to light, there is inbuilt assurance that the charge is genuine rather than fabricated. Just as a witness who has sustained an injury, which is not shown or believed to be self-inflicted, is the best witness in the sense that he is least likely to exculpate the real offender, the evidence of a victim of sex offence is entitled to great weight, absence of corroboration notwithstanding. A woman or a girl who is raped is not an accomplice. Corroboration is not the sine qua non for conviction in a rape case. The observations of Vivian Bose, J. in Rameshwar v. The State of Rajasthan1952CriLJ547 were: The rule, which according to the cases has hardened into one of law, is not that corroboration is essential before there can be a conviction but that the necessity of corro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atter to which it stands as a proviso particularly in such like penal provisions. The courts are obliged to respect the legislative mandate in the matter of awarding of sentence in all such cases. Recourse to the proviso can be had only for special and adequate reasons and not in a casual manner. Whether there exist any special and adequate reasons would depend upon a variety of factors and the peculiar facts and circumstances of each case. No hard and fast rule can be laid down in that behalf of universal application. 15. At this juncture it is necessary to take note of Section 3 of the Atrocities Act. As the Preamble to the Act provides 'the Act has been enacted to prevent the commission of offences of atrocities against the members of the Scheduled Castes and Scheduled Tribes. The expression 'atrocities' is defined in Section 2 of the Atrocities Act to mean an offence punishable under Section 3. The said provision so far relevant reads as follows: 3(2)(v): Punishments for offences of atrocities - (2) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe, - x x x (v) commits any offence under the Indian Penal Code punishable w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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