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The State of Himachal Pradesh v. Manga Singh

Criminal Appeal · 2018 INSC 1120Decided 28 Nov 2018
Criminal Appeal No. 1481 of 2018
Justice R. Banumathi · Justice Indira Banerjee

Background

A nine-year-old girl, staying at her aunt's house while attending school, told her teachers that the respondent-accused (her cousin, the aunt's son) had been repeatedly raping her at night for about three years; she had refused to return to the house after one such night. The trial court convicted the accused under Section 376 IPC and sentenced him to 10 years' rigorous imprisonment plus a fine, relying on the child's testimony and medical evidence. The Himachal Pradesh High Court overturned the conviction and acquitted him, holding that the medical evidence was inconclusive and that the child's testimony did not inspire confidence. The State of Himachal Pradesh appealed to the Supreme Court; since the accused did not appear, an amicus counsel was appointed to represent him.

Decision Breakdown

The Supreme Court held that a conviction for rape can rest solely on the victim's testimony if it inspires confidence, without need for corroboration, especially for a child victim with no motive to falsely implicate a relative. It found the trial court's assessment of the child's credible, consistent testimony should not have been disturbed absent a compelling reason, and that the absence of hymenal rupture does not disprove penetration, since the examining doctor herself explained that slight penetration need not rupture the hymen. The Court also rejected the defence argument that non-examination of the aunt was fatal to the prosecution, noting the accused could equally have called his own mother as a witness. It set aside the High Court's acquittal, restored the trial court's conviction and 10-year sentence, and directed the accused to surrender within four weeks.

Lesson Learnt

In sexual assault cases, especially involving children, a credible and consistent victim testimony alone is sufficient for conviction without independent corroboration, and the absence of visible physical injury does not by itself disprove that an assault occurred.

Official source (sci.gov.in)View Judgment (PDF)

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