STATE OF TAMIL NADU versus RAVI @NEHRU

STATE OF TAMIL NADU versus RAVI @NEHRU

The finding of the High Court acquitting the accused was perverse and inconsistent with the evidence on record. The unimpeached testimony of the prosecutrix, corroborated by witnesses and medical evidence, establishes rape as defined under Section 376 IPC. Medical opinion alone cannot discredit cogent ocular testimony and supporting evidence. The conviction recorded by the Trial Court is restored.

Parties
Appellant: State of Tamil Nadu; Respondent: Ravi @ Nehru
Jurisdiction
India
Judgment Date
04 July 2006
Procedural Posture
Criminal Appeal / Appeal From High Court Acquittal, Restoration of Conviction
Outcome
Appeal allowed, High Court acquittal set aside, conviction restored.
Legal Topics
Rape, Minor Victim, Corroboration of Testimony, Medical Evidence
Criminal Law Rape Minor Victim Corroboration of Testimony Medical Evidence

Case Brief

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Parties

State of Tamil Nadu

Appellant

Ravi @ Nehru

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Acquittal, Restoration of Conviction

Legal Issues

  1. 1 Whether the evidence of prosecutrix alone is sufficient for conviction in rape cases involving minors
  2. 2 Whether medical opinion can override corroborative ocular evidence in rape cases involving children
  3. 3 Whether High Court’s acquittal was justified in disbelieving prosecutrix's testimony on medical grounds

Ratio Decidendi

The finding of the High Court acquitting the accused was perverse and inconsistent with the evidence on record. The unimpeached testimony of the prosecutrix, corroborated by witnesses and medical evidence, establishes rape as defined under Section 376 IPC. Medical opinion alone cannot discredit cogent ocular testimony and supporting evidence. The conviction recorded by the Trial Court is restored.

Court Disposition

Appeal allowed, High Court acquittal set aside, conviction restored.

Orders

  • Respondent Ravi @ Nehru shall be taken back into custody forthwith to serve out remaining part of sentence.
  • Compliance report within one month.