THE STATE OF HIMACHAL PRADESH versus MANGA SINGH

THE STATE OF HIMACHAL PRADESH versus MANGA SINGH

The conviction for rape under Section 376 IPC can be sustained on the sole testimony of the prosecutrix if it inspires confidence. Absence of external injury or rupture of hymen is not a reason to disbelieve prosecutrix's testimony. The High Court's interference in the trial court's finding of fact was unwarranted...

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Parties
Appellant: The State of Himachal Pradesh; Respondent: Manga Singh
Jurisdiction
India
Judgment Date
28 November 2018
Procedural Posture
Criminal Appeal / Supreme Court Appeal From High Court Acquittal
Outcome
Appeal allowed; conviction and sentence restored
Legal Topics
Rape, Evidence, Appreciation of Sole Testimony, Benefit of Doubt
Criminal Law Rape Evidence Appreciation of Sole Testimony Benefit of Doubt

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Parties

The State of Himachal Pradesh

Appellant

Manga Singh

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal From High Court Acquittal

Legal Issues

  1. 1 Whether conviction for rape can be sustained on sole testimony of prosecutrix
  2. 2 Effect of absence of external injury in rape cases
  3. 3 Whether the High Court was justified in reversing trial court conviction

Ratio Decidendi

The conviction for rape under Section 376 IPC can be sustained on the sole testimony of the prosecutrix if it inspires confidence. Absence of external injury or rupture of hymen is not a reason to disbelieve prosecutrix's testimony. The High Court's interference in the trial court's finding of fact was unwarranted in absence of convincing reasons; benefit of doubt must be based on reasonable doubt.

Court Disposition

Appeal allowed; conviction and sentence restored

Orders

  • High Court judgment set aside
  • Trial Court's conviction under Section 376 IPC and ten years sentence restored