WAHID KHAN versus STATE OF MADHYA PRADESH

WAHID KHAN versus STATE OF MADHYA PRADESH

Accused is liable to be convicted for rape as the testimony of prosecutrix is consistent and corroborated by a police officer who caught him red-handed; non-examination of the doctor and intact hymen do not negate the offence, as even slight penetration suffices for rape under law.

Parties
Appellant: Wahid Khan; Respondent: State of Madhya Pradesh
Jurisdiction
India
Judgment Date
01 December 2009
Procedural Posture
Criminal Appeal / Appeal Dismissed by Supreme Court
Outcome
Appeal dismissed; conviction under Section 376 IPC upheld.
Legal Topics
Rape, Penal Code Section 376, Testimony of Prosecutrix, Corroboration in Rape Cases, Medical Evidence in Rape Cases
Criminal Law Rape Penal Code Section 376 Testimony of Prosecutrix Corroboration in Rape Cases Medical Evidence in Rape Cases

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Parties

Wahid Khan

Appellant

State of Madhya Pradesh

Respondent

Procedural Posture

Criminal Appeal / Appeal Dismissed by Supreme Court

Legal Issues

  1. 1 Whether conviction for rape under Section 376 IPC can be sustained without corroboration and in absence of medical evidence of hymen rupture
  2. 2 Whether depth of penetration is material for offence of rape under IPC

Ratio Decidendi

Accused is liable to be convicted for rape as the testimony of prosecutrix is consistent and corroborated by a police officer who caught him red-handed; non-examination of the doctor and intact hymen do not negate the offence, as even slight penetration suffices for rape under law.

Court Disposition

Appeal dismissed; conviction under Section 376 IPC upheld.

Orders

  • No benefit of doubt extended to appellant.
  • Punishment confirmed as awarded by lower courts.