B.C. DEV A@ DYAVA versus STATE OF KARNATAKA

B.C. DEV A@ DYAVA versus STATE OF KARNATAKA

Courts below properly appreciated evidence, particularly the trustworthy and corroborated testimony of prosecutrix; absence of medical corroboration and injuries does not invalidate conviction; no justifiable reasons found to interfere with conviction and sentence under Section 376 IPC.

Parties
Appellant: B.C. Deva @ Dyava; Respondent: State of Karnataka
Jurisdiction
India
Judgment Date
25 July 2007
Procedural Posture
Criminal Appeal / Supreme Court Decision on Appeal Against High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Rape, Evidence, Appreciation of Testimony of Prosecutrix
Criminal Law Rape Evidence Appreciation of Testimony of Prosecutrix

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Parties

B.C. Deva @ Dyava

Appellant

State of Karnataka

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Decision on Appeal Against High Court Judgment

Legal Issues

  1. 1 Whether conviction under Section 376 IPC could be sustained on sole testimony of prosecutrix
  2. 2 Whether absence of medical corroboration and injuries belied prosecution case

Ratio Decidendi

Courts below properly appreciated evidence, particularly the trustworthy and corroborated testimony of prosecutrix; absence of medical corroboration and injuries does not invalidate conviction; no justifiable reasons found to interfere with conviction and sentence under Section 376 IPC.

Court Disposition

Appeal dismissed

Orders

  • Accused directed to surrender before the Trial Court forthwith and suffer remaining period of sentence.