Case No. : Crl.A. 227/2016
A girl was raped while she was returning back home from the job. Nasir Uddin Ali (appellant) was convicted for this offence under Section 376 of the IPC and was sentenced with the rigorous imprisonment for a period of 9 years by the trial court. Court referred the evidence on record and it was observed that rape had actually occurred. Accused appealed in the high court against his conviction and asserted that his conviction was solely based on the testimony of the victim as the prosecution had not presented sufficient evidence in the court that can prove him as a rapist. He claimed that even no injury was found on the body of the victim and medical reports of the victim couldn’t prove that the victim was raped.
The appeal was dismissed by the court and it was observed that the solitary version of the prosecutrix can be accepted as evidence of the occurrence of rape. It was also held that the attempt of rape for momentary pleasure not only affects the body but also affects the mind of the victim. It affects her reputation, dignity and respect in the society. Right to live with dignity is the fundamental right of the women. Injury is not a sine qua non for deciding whether rape has been committed or not, other facts like FIR was lodged by the victim on the same date on which she was raped, it is sufficient to prove that there was no material variation in her version. So the appeal was dismissed but the accused sentence was reduced to 7 years because he had a family with 5 children who needed his support financially.