STATE OF RAJASTHAN versus BIRAM LAL

If the evidence of the prosecutrix is free from blemish and implicitly reliable, conviction under Section 376 IPC may be recorded on her sole testimony, even without independent corroboration. The High Court misread evidence by disregarding the corroboration available and setting acquittal solely due to absence of chemical examiner's report.

Parties: Appellant: State of Rajasthan; Respondent: Biram Lal
Jurisdiction: India
Judgment Date: 13 April 2005
Procedural Posture: Criminal Appeal / Supreme Court Appeal Against High Court Acquittal Under Section 376 IPC
Outcome: Appeal allowed. Order of acquittal under Section 376 IPC set aside.
Legal Topics: Rape, Corroboration of Testimony, Acquittal, Conviction

Criminal Law Rape Corroboration of Testimony Acquittal Conviction

Case Brief

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Parties

State of Rajasthan

Appellant

Biram Lal

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal Against High Court Acquittal Under Section 376 IPC

Legal Issues

1 Whether corroboration of prosecutrix testimony is mandatory for conviction under Section 376 IPC
2 Whether High Court's acquittal under Section 376 IPC was justified on grounds of non-availability of chemical examiner's report

Ratio Decidendi

Court Disposition

Appeal allowed. Order of acquittal under Section 376 IPC set aside.

Orders

Respondent sentenced to seven years rigorous imprisonment and a fine of Rs. 1,000 under Section 376 IPC.
In default of payment of fine, respondent to undergo one month rigorous imprisonment.