SC discards victim's allegation on gangrape

NEW DELHI: Gangrape accused may get the benefit of the doubt in the absence of injuries on the victim's body and, in such a case, the facts related to the incident will have to be corroborated if she fails to give a credible version, the Supreme Court has said.

"Where the allegation is of rape by many persons and several times but no injury is noticed that certainly is an important factor, if the prosecutrix's (victim's) version is credible then no corroboration is necessary. But if the prosecutrix's version is not credible then there would be need for corroboration," the apex court said citing its ruling.

A bench of Justice Arijit Pasayat and Mukundakam Sharma, however, said that courts have to adopt such a course depending upon the facts of each case.

The bench passed the ruling while ordering the acquittal of Lalliram and two others accused of gangrening a housewife at Khajuria in Madhya Pradesh on September 23, 1985.

The sessions court, however, recorded a finding that as per the medical reports no injury was visible on her body and there were no any signs of rape. It also noted that the testimony of the victim and other witnesses lacked credibility and accordingly acquitted the accused.

The Madhya Pradesh High Court, however, on an appeal from the State reversed the acquittal and imposed a seven years' sentence on the accused, upon which they appealed in the apex court.

The apex court concurred with the findings of the trial court and said that the evidence on record did not indicate rape. It said the victim had made conflicting statements of Lalliram having raped her first and then later claimed that another accused Pooran raped her first. Hence, the apex court felt the accused were entitled to the benefit of the doubt.