STATE OF HIMACHAL PRADESH versus LEKH RAJ AND ANR.

STATE OF HIMACHAL PRADESH versus LEKH RAJ AND ANR.

Corroboration of prosecutrix’s testimony is not legally mandatory if she is credible; medical findings and injuries, as well as evidence on salwar, are sufficient corroboration. Identification parade is necessary when accused is not previously known, but its absence can be fatal unless accused is sufficiently described or arrested at the scene. Respondent No. 2’s identity was not proven, so acquittal is upheld; respondent No. 1’s conviction is supported by reliable evidence and the appeal against his acquittal succeeded.

Parties
Appellant: State of Himachal Pradesh; Respondent No. 1: Lekh Raj; Respondent No. 2: Diwan Chand
Jurisdiction
India
Judgment Date
02 November 1999
Procedural Posture
Criminal Appeal / Appeal From Acquittal; Supreme Court Decision on Appeal From Himachal Pradesh High Court (crl. A. No. 144 of 1996)
Outcome
Appeal partly allowed
Legal Topics
Rape, Identification Parade, Credibility of Witnesses, Evidence and Corroboration, Medical Evidence, Administration of Justice
Criminal Law Rape Identification Parade Credibility of Witnesses Evidence and Corroboration Medical Evidence Administration of Justice

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Parties

State of Himachal Pradesh

Appellant

Lekh Raj

Respondent No. 1

Diwan Chand

Respondent No. 2

Procedural Posture

Criminal Appeal / Appeal From Acquittal; Supreme Court Decision on Appeal From Himachal Pradesh High Court (crl. A. No. 144 of 1996)

Legal Issues

  1. 1 Whether corroboration of prosecutrix's testimony is legally mandatory for conviction in rape cases
  2. 2 Whether absence of identification parade fatally affects prosecution when accused is not known to prosecutrix
  3. 3 Whether absence of spermatozoa is fatal to proof of rape

Ratio Decidendi

Corroboration of prosecutrix’s testimony is not legally mandatory if she is credible; medical findings and injuries, as well as evidence on salwar, are sufficient corroboration. Identification parade is necessary when accused is not previously known, but its absence can be fatal unless accused is sufficiently described or arrested at the scene. Respondent No. 2’s identity was not proven, so acquittal is upheld; respondent No. 1’s conviction is supported by reliable evidence and the appeal against his acquittal succeeded.

Court Disposition

Appeal partly allowed

Orders

  • Acquittal of Respondent No. 1 (Lekh Raj) by High Court set aside; conviction and sentence awarded by Sessions Judge restored
  • Out of fine, Rs. 4500 to be paid to prosecutrix upon recovery