REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1520 OF 2021

Phool Singh …Appellant

Versus

The State of Madhya Pradesh …Respondent

J U D G M E N T

M.R. SHAH, J.

1.Feeling aggrieved and dissatisfied with the impugned judgment

and order dated 05.09.2019 passed by the High Court of Madhya

Pradesh at Indore in Criminal Appeal No. 875/2000, by which the High

Court has dismissed the said appeal preferred by the appellant-accused

and has confirmed the judgment and order of conviction and sentence

dated 31.07.2000 passed by the learned Sessions Judge, Dewas

(hereinafter referred to as the learned ‘trial Court’) in Session Trial No.

05/2000 convicting the accused for the offence punishable under Section

376 IPC and sentencing him to undergo 7 years rigorous imprisonment

with fine of Rs.500/- with default stipulation, the original accused has

preferred the present appeal.

2.As per the case of the prosecution, in the intervening night of 9

th

August, 1999 and when the husband of the victim/prosecutrix went to

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another village and she was alone and she was sleeping in her room,

the accused jumped the wall and entered into the room of the

prosecutrix. Seeing the accused the prosecutrix woke up and in the light

of the bulb she identified the accused. Then the accused pressed the

mouth of the prosecutrix and committed rape and thereafter he fled away

by jumping the wall. As per the case of the prosecutrix, she narrated the

incident to her sister-in-law (Jethani) and mother-in-law but they did not

believe her. On the contrary, she was beaten. That thereafter the

prosecutrix also told the incident to other family members of her

matrimonial house but nobody took any action. The prosecutrix sent the

information to her parental house. Thereafter, her uncle and others came

to her matrimonial house and the prosecutrix told them about the

incident. They took her to parental house. Thereafter, an FIR was

lodged on 12.08.1999. She was sent for medical examination. After

completion of the investigation, charge-sheet was filed against the

accused for the offence punishable under Section 376 IPC. The case

was committed to the learned Court of Sessions. Accused pleaded not

guilty and therefore he came to be tried for the aforesaid offence.

2.1In order to prove the charge against the accused, prosecution

examined six witnesses including the doctor who examined the

prosecutrix on 12.08.1999, prosecutrix-PW3 and the Investigating

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Officer-PW6. One of the witnesses Rajaram-PW2 did not support the

prosecution story and he was declared hostile. The accused took the

plea of alibi and according to him he had gone to Indore on the day of

incident and he was not in the village on that day. He examined the

defence witness as DW1. The learned trial Court did not believe the

plea of alibi and DW1 by giving cogent reasons. That thereafter after

appreciating the evidence on record, by judgment and order dated

31.07.2000, the learned trial Court convicted the accused for the offence

under Section 376 IPC and sentenced the appellant as mentioned

hereinabove.

2.2Feeling aggrieved and dissatisfied with the judgment and order of

conviction and sentence passed by the learned trial Court, the appellant

herein-accused preferred an appeal before the High Court. By the

impugned judgment and order, the High Court has dismissed the said

appeal. Hence, the present appeal is at the instance of the accused.

3.Shri Aditya Gaggar, learned Advocate appearing on behalf of the

accused has vehemently submitted that in the present case the medical

evidence does not support the case of the prosecutrix. It is submitted

that the doctor in her deposition specifically stated that on examination it

was found that there were no external or internal injuries found in the

person of the prosecutrix.

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3.1It is further submitted that therefore the prosecution case rests

solely on the deposition of the prosecutrix only. It is submitted that no

other independent witnesses have been examined and/or supported the

case of the prosecutrix.

3.2It is further submitted that there was a delay in lodging the FIR. It

is submitted that the incident took place on 9.8.1999 and the FIR was

lodged on 12.08.1999, i.e., after a period of three days. It is submitted

that therefore the prosecution story does not find any corroboration from

medical evidence and in the absence of any signs of injuries, it cannot

be ruled out that the physical intercourse even if assumed it had

happened, was entire consensual.

3.3It is further submitted that both, the learned trial Court as well as

the High Court have materially erred in not believing DW1, who

categorically stated that on the date/night of the alleged incident, the

accused was not in the village and was at Indore along with DW1.

3.4Making the above submissions, it is prayed to allow the present

appeal. In the alternative, it is prayed to reduce the sentence to the

period already undergone by submitting that by now the accused has

undergone two and half years of sentence against the seven years

sentence imposed by the courts below. It is also prayed to convert the

seven years rigorous imprisonment to seven years simple imprisonment.

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4.The present appeal is vehemently opposed by Shri Abhay Prakash

Sahay, learned Additional Advocate General appearing on behalf of the

respondent-State.

4.1It is submitted that in the present case both, the learned trial Court

as well as the High Court have rightly convicted the accused for the

offence under Section 376 IPC, relying upon the sole testimony of the

prosecutrix/victim. It is submitted that as such there is no reason to

doubt the credibility and trustworthiness of the prosecutrix. It is

submitted that even no question was asked to the prosecutrix while

cross-examining the prosecutrix that a false case was filed against the

accused.

4.2It is submitted that once it is found that the prosecutrix is reliable

and trustworthy, in that case, there can be a conviction for the offence of

rape – Section 376 IPC, relying upon the deposition of the sole

witness/victim. Reliance is placed on the decisions of this Court in the

cases of Ganesan v. State, (2020) 10 SCC 573; Santosh Prasad v. State

of Bihar, (2020) 3 SCC 443; State of H.P. v. Manga Singh, (2019) 16

SCC 759; and State (NCT of Delhi) v. Pankaj Chaudhary, (2019) 11

SCC 575.

4.3It is submitted that in the case of Pankaj Chaudhary (supra), it is

specifically observed and held by this Court that conviction can be

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sustained on the sole testimony of the prosecutrix if it inspires

confidence and that there is no rule of law or practice that the evidence

of the prosecutrix cannot be relied upon without corroboration.

4.4Now so far as the submission on behalf of the accused, relying

upon the deposition of the doctor-PW1 that there were no external or

internal injuries found in the person of the prosecutrix and therefore the

prosecution case is not to be believed, as not supported by any

corroborative evidence and/or that it is to be presumed that it was a case

of consent is concerned, it is submitted that first of all the prosecutrix has

been medically examined after three days of the incident. It is submitted

that the prosecutrix is consistent in her evidence right from the very

beginning and even in the cross-examination also she has stood by what

she has stated and she has fully supported the case of the prosecution.

It is submitted therefore that in the facts and circumstances of the case

and even in the absence of any external or internal injuries in the person

of the prosecutrix, the conviction can be sustained.

4.5It is further submitted that even there is no suggestion in the cross-

examination of the prosecutrix that it was a case of consent.

4.6It is further submitted by the learned Additional Advocate General

appearing on behalf of the State that in the present case on one hand

the accused took the plea that it was a case of consent and on the other

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hand accused took the plea of alibi and that he was not in the village on

the date/night of the incident. It is submitted that both are contradictory

to each other. It is submitted that in any case cogent reasons have been

given by the learned trial Court not to believe DW1 and it is specifically

observed by the learned trial Court that deposition of DW1 does not

inspire any confidence.

4.7Making the above submissions and relying upon the aforesaid

decisions, it is prayed to dismiss the present appeal.

5.We have heard the learned counsel for the respective parties at

length. We have gone through the judgment and order of conviction

passed by the learned trial Court convicting the accused for the offence

under Section 376 IPC and the impugned judgment and order passed by

the High Court.

5.1At the outset, it is required to be noted that in the present case, the

prosecutrix has fully supported the case of the prosecution. She has

been consistent right from the very beginning. Nothing has been

specifically pointed out why the sole testimony of the prosecutrix should

not be believed. Even after thorough cross-examination, she has stood

by what she has stated and has fully supported the case of the

prosecution. We see no reason to doubt the credibility and/or

trustworthiness of the prosecutrix. The submission on behalf of the

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accused that no other independent witnesses have been examined

and/or supported the case of the prosecution and the conviction on the

basis of the sole testimony of the prosecutrix cannot be sustained is

concerned, the aforesaid has no substance.

5.2In the case of Ganesan (supra), this Court has observed and held

that there can be a conviction on the sole testimony of the

victim/prosecutrix when the deposition of the prosecutrix is found to be

trustworthy, unblemished, credible and her evidence is of sterling quality.

In the aforesaid case, this Court had an occasion to consider the

series of judgments of this Court on conviction on the sole evidence of

the prosecutrix. In paragraphs 10.1 to 10.3, it is observed and held as

under:

10.1. Whether, in the case involving sexual harassment, molestation, etc.,

can there be conviction on the sole evidence of the prosecutrix,

in Vijay [Vijay v. State of M.P., (2010) 8 SCC 191], it is observed in paras 9

to 14 as under: (SCC pp. 195-98)

“9. In State of Maharashtra v. Chandraprakash Kewalchand Jain [State

of Maharashtra v. Chandraprakash Kewalchand Jain, (1990) 1 SCC

550] this Court held that a woman, who is the victim of sexual assault, is

not an accomplice to the crime but is a victim of another person's lust

and, therefore, her evidence need not be tested with the same amount

of suspicion as that of an accomplice. The Court observed as under:

(SCC p. 559, para 16)

‘16. A prosecutrix of a sex offence cannot be put on a par with an

accomplice. She is in fact a victim of the crime. The Evidence Act

nowhere says that her evidence cannot be accepted unless it is

corroborated in material particulars. She is undoubtedly a competent

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witness under Section 118 and her evidence must receive the same

weight as is attached to an injured in cases of physical violence. The

same degree of care and caution must attach in the evaluation of her

evidence as in the case of an injured complainant or witness and no

more. What is necessary is that the court must be alive to and

conscious of the fact that it is dealing with the evidence of a person who

is interested in the outcome of the charge levelled by her. If the court

keeps this in mind and feels satisfied that it can act on the evidence of

the prosecutrix, there is no rule of law or practice incorporated in the

Evidence Act similar to Illustration (b) to Section 114 which requires it to

look for corroboration. If for some reason the court is hesitant to place

implicit reliance on the testimony of the prosecutrix it may look for

evidence which may lend assurance to her testimony short of

corroboration required in the case of an accomplice. The nature of

evidence required to lend assurance to the testimony of the prosecutrix

must necessarily depend on the facts and circumstances of each case.

But if a prosecutrix is an adult and of full understanding the court is

entitled to base a conviction on her evidence unless the same is shown

to be infirm and not trustworthy. If the totality of the circumstances

appearing on the record of the case disclose that the prosecutrix does

not have a strong motive to falsely involve the person charged, the

court should ordinarily have no hesitation in accepting her evidence.’

10. In State of U.P. v. Pappu [State of U.P. v. Pappu, (2005) 3 SCC 594]

this Court held that even in a case where it is shown that the girl is a girl

of easy virtue or a girl habituated to sexual intercourse, it may not be a

ground to absolve the accused from the charge of rape. It has to be

established that there was consent by her for that particular occasion.

Absence of injury on the prosecutrix may not be a factor that leads the

court to absolve the accused. This Court further held that there can be

conviction on the sole testimony of the prosecutrix and in case, the

court is not satisfied with the version of the prosecutrix, it can seek

other evidence, direct or circumstantial, by which it may get assurance

of her testimony. The Court held as under: (SCC p. 597, para 12)

‘12. It is well settled that a prosecutrix complaining of having been a

victim of the offence of rape is not an accomplice after the crime. There

is no rule of law that her testimony cannot be acted upon without

corroboration in material particulars. She stands at a higher pedestal

than an injured witness. In the latter case, there is injury on the physical

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form, while in the former it is both physical as well as psychological and

emotional. However, if the court of facts finds it difficult to accept the

version of the prosecutrix on its face value, it may search for evidence,

direct or circumstantial, which would lend assurance to her testimony.

Assurance, short of corroboration as understood in the context of an

accomplice, would do.’

11. In State of Punjab v. Gurmit Singh [State of Punjab v. Gurmit Singh,

(1996) 2 SCC 384], this Court held that in cases involving sexual

harassment, molestation, etc. the court is duty-bound to deal with such

cases with utmost sensitivity. Minor contradictions or insignificant

discrepancies in the statement of a prosecutrix should not be a ground

for throwing out an otherwise reliable prosecution case. Evidence of the

victim of sexual assault is enough for conviction and it does not require

any corroboration unless there are compelling reasons for seeking

corroboration. The court may look for some assurances of her

statement to satisfy judicial conscience. The statement of the

prosecutrix is more reliable than that of an injured witness as she is not

an accomplice. The Court further held that the delay in filing FIR for

sexual offence may not be even properly explained, but if found natural,

the accused cannot be given any benefit thereof. The Court observed

as under: (SCC pp. 394-96 & 403, paras 8 & 21)

‘8. … The court overlooked the situation in which a poor helpless minor

girl had found herself in the company of three desperate young men

who were threatening her and preventing her from raising any alarm.

Again, if the investigating officer did not conduct the investigation

properly or was negligent in not being able to trace out the driver or the

car, how can that become a ground to discredit the testimony of the

prosecutrix? The prosecutrix had no control over the investigating

agency and the negligence of an investigating officer could not affect

the credibility of the statement of the prosecutrix. … The courts must,

while evaluating evidence, remain alive to the fact that in a case of

rape, no self-respecting woman would come forward in a court just to

make a humiliating statement against her honour such as is involved in

the commission of rape on her. In cases involving sexual molestation,

supposed considerations which have no material effect on the veracity

of the prosecution case or even discrepancies in the statement of the

prosecutrix should not, unless the discrepancies are such which are of

fatal nature, be allowed to throw out an otherwise reliable prosecution

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case. … Seeking corroboration of her statement before relying upon the

same, as a rule, in such cases amounts to adding insult to injury. …

Corroboration as a condition for judicial reliance on the testimony of the

prosecutrix is not a requirement of law but a guidance of prudence

under given circumstances. …

***

21. … The courts should examine the broader probabilities of a case

and not get swayed by minor contradictions or insignificant

discrepancies in the statement of the prosecutrix, which are not of a

fatal nature, to throw out an otherwise reliable prosecution case. If

evidence of the prosecutrix inspires confidence, it must be relied upon

without seeking corroboration of her statement in material particulars. If

for some reason the court finds it difficult to place implicit reliance on

her testimony, it may look for evidence which may lend assurance to

her testimony, short of corroboration required in the case of an

accomplice. The testimony of the prosecutrix must be appreciated in the

background of the entire case and the trial court must be alive to its

responsibility and be sensitive while dealing with cases involving sexual

molestations.’

(emphasis in original)

12. In State of Orissa v. Thakara Besra [State of Orissa v. Thakara

Besra, (2002) 9 SCC 86], this Court held that rape is not mere physical

assault, rather it often distracts (sic destroys) the whole personality of

the victim. The rapist degrades the very soul of the helpless female and,

therefore, the testimony of the prosecutrix must be appreciated in the

background of the entire case and in such cases, non-examination even

of other witnesses may not be a serious infirmity in the prosecution

case, particularly where the witnesses had not seen the commission of

the offence.

13. In State of H.P. v. Raghubir Singh [State of H.P. v. Raghubir Singh,

(1993) 2 SCC 622], this Court held that there is no legal compulsion to

look for any other evidence to corroborate the evidence of the

prosecutrix before recording an order of conviction. Evidence has to be

weighed and not counted. Conviction can be recorded on the sole

testimony of the prosecutrix, if her evidence inspires confidence and

there is absence of circumstances which militate against her veracity. A

similar view has been reiterated by this Court in Wahid Khan v. State of

M.P. [Wahid Khan v. State of M.P., (2010) 2 SCC 9] placing reliance on

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an earlier judgment in Rameshwar v. State of

Rajasthan [Rameshwar v. State of Rajasthan, AIR 1952 SC 54].

14. Thus, the law that emerges on the issue is to the effect that the

statement of the prosecutrix, if found to be worthy of credence and

reliable, requires no corroboration. The court may convict the accused

on the sole testimony of the prosecutrix.”

10.2. In Krishan Kumar Malik v. State of Haryana [Krishan Kumar

Malik v. State of Haryana, (2011) 7 SCC 130], it is observed and held by

this Court that to hold an accused guilty for commission of an offence of

rape, the solitary evidence of the prosecutrix is sufficient, provided the

same inspires confidence and appears to be absolutely trustworthy,

unblemished and should be of sterling quality.

10.3. Who can be said to be a “sterling witness”, has been dealt with and

considered by this Court in Rai Sandeep v. State (NCT of Delhi) [Rai

Sandeep v. State (NCT of Delhi), (2012) 8 SCC 21]. In para 22, it is

observed and held as under: (SCC p. 29)

“22. In our considered opinion, the “sterling witness” should be of a very

high quality and calibre whose version should, therefore, be

unassailable. The court considering the version of such witness should

be in a position to accept it for its face value without any hesitation. To

test the quality of such a witness, the status of the witness would be

immaterial and what would be relevant is the truthfulness of the

statement made by such a witness. What would be more relevant would

be the consistency of the statement right from the starting point till the

end, namely, at the time when the witness makes the initial statement

and ultimately before the court. It should be natural and consistent with

the case of the prosecution qua the accused. There should not be any

prevarication in the version of such a witness. The witness should be in

a position to withstand the cross-examination of any length and

howsoever strenuous it may be and under no circumstance should give

room for any doubt as to the factum of the occurrence, the persons

involved, as well as the sequence of it. Such a version should have co-

relation with each and every one of other supporting material such as

the recoveries made, the weapons used, the manner of offence

committed, the scientific evidence and the expert opinion. The said

version should consistently match with the version of every other

witness. It can even be stated that it should be akin to the test applied in

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the case of circumstantial evidence where there should not be any

missing link in the chain of circumstances to hold the accused guilty of

the offence alleged against him. Only if the version of such a witness

qualifies the above test as well as all other such similar tests to be

applied, can it be held that such a witness can be called as a “sterling

witness” whose version can be accepted by the court without any

corroboration and based on which the guilty can be punished. To be

more precise, the version of the said witness on the core spectrum of

the crime should remain intact while all other attendant materials,

namely, oral, documentary and material objects should match the said

version in material particulars in order to enable the court trying the

offence to rely on the core version to sieve the other supporting

materials for holding the offender guilty of the charge alleged.”

5.3In the case of Pankaj Chaudhary (supra), it is observed and held

that as a general rule, if credible, conviction of accused can be based on

sole testimony, without corroboration. It is further observed and held that

sole testimony of prosecutrix should not be doubted by court merely on

basis of assumptions and surmises. In paragraph 29, it is observed and

held as under:

“29. It is now well-settled principle of law that conviction can be sustained

on the sole testimony of the prosecutrix if it inspires confidence.

[Vishnu v. State of Maharashtra [Vishnu v. State of Maharashtra, (2006) 1

SCC 283]. It is well-settled by a catena of decisions of this Court that there

is no rule of law or practice that the evidence of the prosecutrix cannot be

relied upon without corroboration and as such it has been laid down that

corroboration is not a sine qua non for conviction in a rape case. If the

evidence of the victim does not suffer from any basic infirmity and the

“probabilities factor” does not render it unworthy of credence, as a general

rule, there is no reason to insist on corroboration except from medical

evidence, where, having regard to the circumstances of the case, medical

evidence can be expected to be forthcoming. [ State of

Rajasthan v. N.K. [State of Rajasthan v. N.K., (2000) 5 SCC 30].”

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5.4In the case of Sham Singh v. State of Haryana, (2018) 18 SCC 34,

it is observed that testimony of the victim is vital and unless there are

compelling reasons which necessitate looking for corroboration of her

statement, the courts should find no difficulty to act on the testimony of

the victim of sexual assault alone to convict an accused where her

testimony inspires confidence and is found to be reliable. It is further

observed that seeking corroboration of her statement before relying

upon the same, as a rule, in such cases amounts to adding insult to

injury. In paragraphs 6 and 7, it is observed and held as under:

“6. We are conscious that the courts shoulder a great responsibility while

trying an accused on charges of rape. They must deal with such cases

with utmost sensitivity. The courts should examine the broader

probabilities of a case and not get swayed by minor contradictions or

insignificant discrepancies in the statement of the prosecutrix, which are

not of a fatal nature, to throw out an otherwise reliable prosecution case. If

the evidence of the prosecutrix inspires confidence, it must be relied upon

without seeking corroboration of her statement in material particulars. If for

some reason the court finds it difficult to place implicit reliance on her

testimony, it may look for evidence which may lend assurance to her

testimony, short of corroboration required in the case of an accomplice.

The testimony of the prosecutrix must be appreciated in the background of

the entire case and the court must be alive to its responsibility and be

sensitive while dealing with cases involving sexual molestations or sexual

assaults. [See State of Punjab v. Gurmit Singh [State of Punjab v. Gurmit

Singh, (1996) 2 SCC 384] (SCC p. 403, para 21).]

7. It is also by now well settled that the courts must, while evaluating

evidence, remain alive to the fact that in a case of rape, no self-respecting

woman would come forward in a court just to make a humiliating

statement against her honour such as is involved in the commission of

rape on her. In cases involving sexual molestation, supposed

considerations which have no material effect on the veracity of the

prosecution case or even discrepancies in the statement of the prosecutrix

should not, unless the discrepancies are such which are of fatal nature, be

allowed to throw out an otherwise reliable prosecution case. The inherent

bashfulness of the females and the tendency to conceal outrage of sexual

aggression are factors which the courts should not overlook. The

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testimony of the victim in such cases is vital and unless there are

compelling reasons which necessitate looking for corroboration of her

statement, the courts should find no difficulty to act on the testimony of a

victim of sexual assault alone to convict an accused where her testimony

inspires confidence and is found to be reliable. Seeking corroboration of

her statement before relying upon the same, as a rule, in such cases

amounts to adding insult to injury. (See Ranjit Hazarika v. State of

Assam [Ranjit Hazarika v. State of Assam, (1998) 8 SCC 635).”

6.Applying the law laid down by this Court in the aforesaid decisions

to the facts of the case on hand and as observed hereinabove, we see

no reason to doubt the credibility and/or trustworthiness of the

prosecutrix. She is found to be reliable and trustworthy. Therefore,

without any further corroboration, the conviction of the accused relying

upon the sole testimony of the prosecutrix can be sustained.

7.Now so far as the submission on behalf of the accused that as

there were no external or internal injuries found on the body of the

prosecutrix and therefore it may be a case of consent is concerned, the

aforesaid has no substance at all. No such question was asked, even

remotely, to the prosecutrix in her cross-examination. Therefore, the

aforesaid submission is to be rejected outright.

8.Now so far as the submission on behalf of the accused that the

learned trial Court erred in not believing DW1 and erred in not believing

the defence and the plea of alibi that on the night of the incident he had

gone to Indore and was not present in the village is concerned, at the

outset, it is required to be noted that cogent reasons have been given by

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the learned trial Court not to believe DW1 and not to believe the plea of

alibi raised by the accused. DW1 belongs to the same village of the

accused. The reason to go to Indore has been disbelieved by the court.

It was the case on behalf of the accused and the defence that as one

Babulal had met with an accident, DW1 and the accused had gone to

Indore taking Babulal and they had stayed at Indore on that night.

However, it was found that Babulal had an injury before two months.

Defence had not produced the record of the hospital or examined doctor

or employee of the hospital where the said Babulal was taken for

treatment. According to the defence, they had stayed in the house of

Tulsiram at Indore but the said Tulsiram has not been examined. Even

the Babulal has also not been examined. Under the circumstances, the

learned trial Court has rightly disbelieved the plea of alibi raised by the

accused and has rightly disbelieved DW1. On appreciation of evidence,

the learned trial Court has specifically observed that the deposition of

DW1 does not inspire any confidence.

9.Now so far as the submission on behalf of the accused that there

was a delay of three days in lodging the FIR is concerned, at the outset,

it is required to be noted that it was the specific and consistent case on

behalf of the prosecutrix that immediately on the occurrence of the

incident, she narrated the incident to her sister-in-law (Jethani) and

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mother-in-law but they did not believe the prosecutrix. On the contrary,

they beat her. Even no other family members in her matrimonial home

supported the prosecutrix and therefore she sent message to her

parental house and thereafter she was taken to her parental house and

FIR was lodged. It is very unfortunate that in this case the sister-in-law

and mother-in-law though being women did not support the prosecutrix.

On the contrary, she was compelled to go to her parental house and

thereafter the FIR was lodged. Being women at least the sister-in-law

and mother-in-law ought to have supported the prosecutrix, rather than

beating her and not believing the prosecutrix. Therefore, when in such a

situation, the delay has taken place in lodging the FIR, the benefit of

such delay cannot be given to the accused who as such was the relative.

10.Now so far as the prayer on behalf of the accused to reduce the

sentence considering the proviso to Section 376 IPC is concerned, as

per section 376 IPC pre-amendment, the minimum punishment shall be

seven years. However, as per the proviso, the court may, for adequate

and special reasons to be mentioned in the judgment, impose a

sentence of imprisonment for a term of less than seven years. No

exceptional and/or special reasons are made out to impose the sentence

of imprisonment for a term of less than seven years. On the contrary and

in the facts and circumstances of the case, it can be said that accused

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has been dealt with lightly by imposing the minimum sentence of seven

years rigorous imprisonment only. The victim was the relative. Nobody

in the family at matrimonial home supported her and she suffered the

trauma. She was compelled to go to her parental house and thereafter

she was able to lodge the FIR. The accused has come out with a false

case/plea of alibi, which is not accepted by the courts below. Under the

circumstances, the prayer of the appellant to reduce the sentence and/or

to convert the sentence from seven years rigorous imprisonment to

seven years simple imprisonment is not accepted and it is rejected.

11.In view of the above and for the reasons stated above, the present

appeal fails and the same deserves to be dismissed and is accordingly

dismissed. The conviction and sentence awarded to the accused –

appellant herein for the offence under Section 376 IPC is hereby

confirmed.

……………………………….J.

[M.R. SHAH]

NEW DELHI; ……………………………….J.

DECEMBER 01, 2021. [SANJIV KHANNA]

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