In a rape case, if the punishment is based on the statement of only one witness, then it is necessary to be alert… Supreme Court acquitted the accused.

New Delhi: The Supreme Court has said that in rape cases, if conviction is based on the testimony of a witness, then that statement should be credible. Even if there is only one witness and that witness is the victim herself, that statement must be so convincing that it appears credible before the court. The Court agreed that the statement of the victim is given very high value, but the Court should carefully examine such statement. In the present case, the apex court concluded that the statement of the victim does not inspire confidence and hence the accused is acquitted in the rape case.

What did the court say?

The Supreme Court bench comprising Justice Sudhanshu Dhulia and Justice Prashant Kumar Mishra, while hearing the appeal in the rape case, said that it is absolutely true that conviction in rape cases can be made only on the basis of the testimony of the victim, because her testimony is corroborated by the injured. is in the nature of a witness, which is given very high value by the courts. But still, when a person can be convicted on the testimony of a single witness, the courts have to be very careful while examining such witness and the testimony of such witness should generate confidence of the court.

What was the matter?

The prosecution alleged that when the victim was coming from school on September 16, 2014, the accused held her hand and placed a knife on her back. After this, the accused took her to a nearby grocery shop and had physical relations with her. After the hearing, the trial court concluded that the prosecution had failed to prove its case beyond reasonable doubt and acquitted the accused. This decision was upheld by the Delhi High Court on 28 February 2019. Delhi Police challenged the High Court’s decision in this case in the Supreme Court. The Supreme Court upheld the High Court’s decision.

The Supreme Court, in its judgment given on January 7, said that the victim’s testimony was mainly given in the trial court. The court drew attention to the medical examination, in which no injury was found on the victim’s body. Furthermore, the Court also highlighted contradictions in his/her statement.

Survivor’s statement is important but…

If convicted in a rape case, there is a provision of punishment ranging from 10 years to life imprisonment. In many cases, the punishment is even death sentence. In such a situation, for conviction in a rape case, it is necessary for the statements of the witnesses to be strong. The main witness in a rape case is the survivor herself. If his/her statement is credible then other supplementary evidence is not necessary. But if the victim’s statement lacks credibility then the accused cannot be punished. The order given by the court is very important because the guilty must be punished but the innocent should not be punished.