SHEIKH ZAKIR versus STATE OF BIHAR

SHEIKH ZAKIR versus STATE OF BIHAR

Conviction for rape may be sustained on the testimony of the victim, even in the absence of medical evidence or corroboration by all persons named in the complaint, provided the victim's testimony is reliable and corroborated in material particulars by other independent evidence, and the rule of corroboration is not absolute requirement but a rule of prudence.

Parties
Appellant: Sheikh Zakir; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
02 June 1983
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Patna High Court Judgment Confirming Conviction
Outcome
Appeal dismissed
Legal Topics
Rape, Corroboration of Evidence, Indian Evidence Act S.133 and S.114(b)
Criminal Law Rape Corroboration of Evidence Indian Evidence Act S.133 and S.114(b)

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Parties

Sheikh Zakir

Appellant

State of Bihar

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Patna High Court Judgment Confirming Conviction

Legal Issues

  1. 1 Whether an offender can be convicted on uncorroborated testimony of victim of rape
  2. 2 In what circumstances and to what extent does testimony of victim of rape need corroboration

Ratio Decidendi

Conviction for rape may be sustained on the testimony of the victim, even in the absence of medical evidence or corroboration by all persons named in the complaint, provided the victim's testimony is reliable and corroborated in material particulars by other independent evidence, and the rule of corroboration is not absolute requirement but a rule of prudence.

Court Disposition

Appeal dismissed

Orders

  • Appellant who is on bail is directed to surrender and to undergo the remaining part of the sentence imposed on him