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Criminal LawSupreme Court of India

Dola @ Dolagobinda Pradhan & Anr. v. The State of Odisha

Criminal Appeal · 2018 INSC 761Decided 29 Aug 2018
Criminal Appeal No. 1095 of 2018
Justice N.V. Ramana · Justice Mohan M. Shantanagoudar

Background

The appellants were convicted of gang rape under Section 376(2)(g) IPC by a Sessions Court in Odisha in 1992, and the conviction was upheld by the Orissa High Court in 2017. The prosecution's case was that the victim was abducted near a weekly market in the evening, threatened with a knife, and raped, after which she reported the incident to her husband and police the next day.

Decision Breakdown

The Supreme Court found the victim's testimony riddled with inconsistencies: she could not identify the accused's faces, there was no medical evidence of recent forcible intercourse, no injuries apart from a minor cheek bruise, and her husband's testimony directly contradicted her account of what she told him. The alleged crime scene was close to a busy market and main road on a market day, undermining claims of a secluded assault, and the police never recovered the napkin or knife said to have been used. The Court held the prosecution's story appeared concocted and possibly motivated by revenge after the appellants had exposed the complainant's theft of forest produce, concluding the offence of rape was not proved beyond reasonable doubt, though hurt may have occurred. The appeal was allowed, the conviction set aside, and the appellants acquitted and ordered released.

Lesson Learnt

A rape conviction cannot stand on a victim's testimony alone when that testimony is internally inconsistent, contradicted by corroborating witnesses, and unsupported by medical or physical evidence: courts must scrutinise the full evidentiary record rather than defer automatically to the complainant's account.

Dola @ Dolagobinda Pradhan & Anr. v. The State of Odisha – Legal Case Shots | LegalAware