Gujarat High Court
Tabrez Rojuddin Ansari vs State Of Gujarat on 10 March, 2026
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
NEUTRAL CITATION
R/CR.A/1284/2018 JUDGMENT DATED: 10/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (AGAINST CONVICTION) NO. 1284 of
2018
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE ILESH J. VORA
and
HONOURABLE MR. JUSTICE R. T. VACHHANI
=========================================
Approved for Reporting Yes No
=========================================
TABREZ ROJUDDIN ANSARI
Versus
STATE OF GUJARAT & ANR.
=========================================
Appearance:
MR PRATIK B BAROT(3711) for the Appellant(s) No. 1
MR BHARGAV PANDYA, APP for the Opponent(s)/Respondent(s) No. 1
RULE SERVED for the Opponent(s)/Respondent(s) No. 2
=========================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
and
HONOURABLE MR. JUSTICE R. T. VACHHANI
Date : 10/03/2026
ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE R. T. VACHHANI)
1. Feeling aggrieved and dissatisfied with the judgment and
order of conviction and sentence dated 23.02.2018 passed by the
learned Special Judge and Additional Sessions Judge, Bharuch in
Special POCSO Case No. 01 of 2014 under the Protection of
Children from Sexual Offences Act (POCSO Act), the appellant-
accused has been convicted of offences punishable under Sections
363, 366, 376 of the Indian Penal Code, 1860 (IPC), and Sections 4
and 6 of the Protection of Children from Sexual Offences Act, 2012
(POCSO Act). The learned Sessions Court sentenced the appellant-
accused to undergo imprisonment for life and fine of Rs. 10,000/-
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with default stipulation under Section 6 of the POCSO Act, along
with separate sentences of rigorous imprisonment for three years
each and fine of Rs. 2,000/- under Sections 363 and 366 of the IPC
with default stipulations. All sentences were ordered to run
concurrently. Consequently, the appellant-accused has preferred
the present Criminal Appeal under Section 374 of the Code of
Criminal Procedure, 1973 (CrPC), challenging the said conviction
and sentence.
2. The brief facts that have given rise to the filing of the present
appeal are comprehensively set out as follows:
2.1. The victim, who was a minor girl aged approximately 5 years
and 4 months, residing with her parents in village Singpur, Taluka
Ankleshwar, District Bharuch, made serious allegations against the
appellant-accused. According to the complaint lodged by her
mother Minakshiben, on 27.03.2014 during morning hours
approximately between 8:00 a.m. to 9:00 a.m., while the
complainant and her husband had gone to the farm to cut fodder,
the accused who had come to construct stairs at the adjacent house
of the victim’s grandfather enticed the minor girl by offering to
show her games on a mobile phone. He lifted her and took her to
the terrace of the grandfather’s house, took advantage of her being
alone, removed her capri, inserted his saliva mixed finger into her
private part, kissed her on the lips, and thereafter inserted his
penis into her vagina and moved her up and down twice, thereby
committing penetrative sexual assault. It was further alleged that
even when the grandmother shouted, he did not leave her, and only
when the grandfather shouted loudly, he released her and
threatened her not to tell anyone. The incident allegedly occurred
twice at that time. After the traumatic incident, the victim returnedPage 2 of 20
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home, and the next morning 28.03.2014 disclosed the entire
incident to her mother while she was being called near the house.
The mother, after verifying details from her father-in-law and
Naranbhai from whom the labourers had come, lodged a complaint
at Ankleshwar Rural Police Station, which was registered as the
relevant FIR.
2.2. Following the registration of the FIR, a comprehensive
investigation ensued under the supervision of the investigating
authorities. The investigation included recording detailed
statements of the victim, her mother, her grandfather, and other
relevant witnesses; preparation of panchnamas of the crime scene
terrace of grandfather’s house and seizure of material evidence
including the clothes worn by the victim at the time of the incident
white frock and black red capri and the mobile phone shown by the
accused; conducting medical examination of the victim at Bharuch
Civil Hospital and thereafter at SSG Hospital, Vadodara revealing
redness on labia majora, swelling, and signs consistent with sexual
assault, medical examination of the accused found capable of
sexual intercourse, effecting the arrest of the accused, and
forwarding collected samples to the FSL, Surat for detailed
scientific analysis and examination. Upon finding sufficient prima
facie evidence against the accused during the course of
investigation, a chargesheet was duly filed against him under the
aforementioned sections of law. Since the case was triable by the
Special Court under the POCSO Act provisions, it was committed to
the Special Court and registered as Special POCSO Case No. 01 of
2014. Formal charges were framed against the accused, to which
he pleaded not guilty and claimed his right to trial.
3. During the course of the trial proceedings, the prosecution
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examined comprehensive oral and documentary evidence to
establish the guilt of the appellant-accused. The evidence included
the testimony of the victim herself recorded in the chamber in a
child-friendly atmosphere, the testimony of the victim’s mother PW-
1, the victim’s grandfather PW-13, medical evidence from
examining doctors at Bharuch Civil Hospital and SSG Vadodara,
forensic evidence, panchnama witnesses for scene and seizure of
clothes and mobile, the investigating officer PSI Pawar, and other
relevant witnesses to substantiate the charges framed against the
accused.
Oral Evidence
Sr. No. Witness's name Exh.
1 Deposition of witness Jigneshkumar Himatsinh 10
Barad
2 Deposition of panch witness Sundhirsinh 12
Chandrasinh Barad
3 Deposition of witness Jaydipsinh Girishsinh Barad 18
4 Deposition of complainant Minakshiben 37
Bhadreshkumar Barad
5 Deposition of the victim, daughter of Bhadreshsinh 41
Barad
6 Deposition of Dr. Rupesh Jayramhai Divakar 43
7 Deposition of witness Kiritbhai Ranchhodbhai Patel 46
8 Deposition of woman head constable Shantaben 49
Puniyabhai Vasava
9 Deposition of panch witness Salim Mohammad Shah 51
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10 Deposition of Bhadreshsinh Badharsinh Barad 52
11 Deposition of Dr. Sureshnandan Ramnarayan Yadav 53
12 Deposition of Dr. Ami Mahendrabhai Patel 57
13 Deposition of Badharsinh Punjabhai Barad 63
14 Deposition of Sachin Shantaram Pawar 65
15 Deposition of Dr. Anju Roshanlal Sharma 72
Documentary Evidence
Sr. No. Particulars Exh.
1 Panchnama of the crime scene 11
2 Panchnama of seizure of clothes worn by the victim 13
at the time of the incident
3 Original slips recovered from Muddamal Articles 14 to
Nos. 1 to 3 16
4 Panchnama of the physical condition of the accused 17
5 Panchnama of seizure of clothes worn by the 19
accused at the time of the incident
6 Original slips recovered from Muddamal Articles 21 to
Nos. 1 to 3 22
7 Original birth certificate of the victim 38
8 Original complaint of complainant Minakshiben 39
9 History given by the victim's mother to Docter 40
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10 Requisition for medical examination of the accused 44
11 Medical certificate given by Dr. Divakar of Bharuch 45
Civil Hospital
12 Police requisition for conducting identification 47
parade of the accused
13 Panchnama regarding the identification parade 48
14 Requisition for bringing the victim for medical 54
examination
15 Medical check-up of the victim conducted by the 55
doctor at Bharuch Civil Hospital
16 Referral form 56
17 Medical examination report of the victim for sexual 58
assault
18 Prescription from Vadodara S.S.G. Hospital for the 59
victim
19 Sonography of the victim 60
20 Laboratory test of the victim 61
21 Ward register (daily notes) of the patient 62
22 Muddamal dispatch register / forwarding note 66
23 Receipt / acknowledgment regarding receipt of 67
muddamal
24 Covering letter sent to FSL regarding muddamal 68
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25 Biological examination report from FSL Surat 69
26 Serological analysis report from FSL Surat 70
27 Age estimation report of the accused 73
28 X-ray of the accused 74
29 X-ray of the accused 75
30 X-ray of the accused 76
4. After the closure of prosecution evidence and recording the
statement of the accused under Section 313 CrPC, wherein he
categorically denied all charges and attributed his false implication
to not knowing anyone and a fabricated case against him, the
learned Special Court proceeded to appreciate the evidence in its
entirety. Upon careful consideration and evaluation of all evidence
presented, the learned Special Court convicted the accused as
stated above.
5. The learned advocate for the appellant assailed the impugned
judgment, contending with considerable force that the prosecution
had fundamentally failed to prove the charges beyond reasonable
doubt, which is the standard requirement in criminal cases. He
submitted with specific reference to the evidence that the
testimony of the victim PW-5 at Exh. 41, who was a child witness
aged approximately 8 years at the time of deposition and 5 years at
the time of incident, was replete with material contradictions and
significant omissions when compared to her disclosure to her
mother and the FIR. He specifically pointed out several
discrepancies, including the fact that in her disclosure to her
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mother, she mentioned the accused writing her nickname on her
hand and showing games on mobile before taking her to the
terrace, but in her court deposition, she could not remember on
which hand the name was written or which game was shown. He
further argued that the description of the accused inserting his
finger after putting it in his mouth and then penile penetration with
up-down movement twice was inconsistent with her initial
statement where she said it happened twice but without specifying
the sequence clearly. Additionally, regarding the post-incident
circumstances, she claimed in her deposition that even after
grandmother shouted she was not released until grandfather
shouted, but she admitted no shouting by herself on the terrace,
thereby creating a material inconsistency in her version of events.
The learned advocate for the appellant further contended that the
FIR appeared to be tutored and dictated by the mother, containing
language that was unfit for a 5-year-old child to articulate, with the
child’s statement recorded later in a chamber but raising serious
doubts about the voluntariness and authenticity of the disclosure.
He argued that no independent witness such as Naranbhai was
examined to corroborate the accused’s presence or employment for
stair construction, nor was the mobile phone recovered with any
game evidence, which undermined the foundational fact of
enticement at the alleged location.
6. The learned advocate for the appellant further submitted that
the victim had initially mentioned two uncles constructing stairs
but failed to describe their ages or features clearly, and no
identification parade was conducted by the investigating
authorities to establish the identity of the accused, which
significantly weakened the prosecution case. He emphasized that
the medical evidence presented through the doctors at Bharuch
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Civil Hospital and SSG Hospital Vadodara relevant showed no
external injuries on her body including no genital tears, scratches,
or hymen rupture, despite the alleged digital and penile
penetration, which was highly unnatural for a case involving sexual
assault on a 5-year-old child. He pointed out that while the doctors
noted redness on the labia majora and swelling, there was no
vaginal bleeding observed during the examinations, and the hymen
was intact. The victim was subsequently examined at SSG Hospital
where no clots or stitches were required, but he argued that this
medical condition was entirely consistent with possible self-injury
such as irritation from summer heat or pouring water as mentioned
by the mother. He further questioned the reliability of the age
estimation of the victim through birth certificate at Exh. 38,
arguing that it lacked credibility without additional corroboration
like school records, and the court’s calculation placed her at
exactly 5 years 4 months without margin for error.
7. The learned advocate for the appellant further argued that
while the FSL report was mentioned but no specific details linked
semen or blood to the accused, the redness found could have
originated from any unrelated source such as urinary infection as
initially thought by the mother, and was not specifically linked to
the incident in question. He contended that no DNA profiling was
conducted by the investigating authorities, which created a
significant gap in the scientific evidence. He emphasized that the
panch witnesses for scene panchnama and seizure of clothes did
not provide strong corroboration, failing to identify specific blood
stains or links to the accused, which indicated biased and faulty
investigation by the Investigating Officer PSI Pawar. He
emphasized the complete lack of corroboration from independent
witnesses, noting that there were no eyewitnesses to the incident
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despite it allegedly occurring on the terrace adjacent to family
members like grandmother and grandfather who shouted but did
not intervene immediately. He concluded by highlighting the
potential false implication as stated by the accused, arguing that
the accused was entitled to the benefit of doubt and praying for the
appeal to be allowed and the conviction to be set aside.
8. Per contra, the learned APP strongly supported the impugned
judgment and urged for the dismissal of the appeal in its entirety.
He submitted with conviction that the PW-2 victim’s testimony at
Exh. 41 was natural and consistent on all core facts, including
being enticed with mobile games, being taken to the terrace,
having her capri removed, finger insertion with saliva, lip kiss, and
penile insertion with up-down movement twice causing pain. He
argued that her testimony inspired confidence and should be
accepted by the court. He contended that minor embellishments
and variations such as not remembering the hand or game were
completely immaterial for a child witness of tender age and were
not fatal to the prosecution case. He emphasized that the FIR was
prompt, having been lodged the next day after disclosure, and was
detailed despite the mother’s narration, which reflected the trauma
experienced by the child. The medical evidence, he argued, fully
corroborated the allegations, with doctors noting redness on labia
majora, swelling, and signs consistent with penetrative assault,
which would be impossible to result from mere irritation for a 5-
year-old child.
9. The learned APP argued that the medical reports clearly
linked the redness and pain to the assault, with the mother
corroborating the burning sensation for 2-3 days post-incident,
while the accused’s capability for intercourse was confirmed
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medically. He contended that the hostility or weaknesses in panch
witnesses was a common phenomenon in such sensitive cases, but
the investigation remained fair and proper with prompt medical
referral, muddamal being properly sealed including clothes and
mobile, and the chain of custody being maintained intact. He
emphasized that the relatives like mother PW-4 and grandfather
PW-13 corroborated the disclosure, identification via Naranbhai,
and immediate action taken by the family. He argued that the
investigation was unbiased with the IO recording video statements
and conducting ossification for accused’s age to counter false
claims. He contended that the victim’s identification of the accused
in court from two persons was reliable and independent. In POCSO
cases, he argued, a child’s testimony, if credible, needs no
corroboration.
10. We have heard the learned advocates for the respective
parties at length and have carefully perused the impugned
judgment as well as the entire record and proceedings, including
the depositions of witnesses, documentary evidence and the
medical reports. The principal issue that arises for our
consideration is whether the prosecution has proved the charges
beyond reasonable doubt against the appellant-accused so as to
sustain his conviction under the IPC and the POCSO Act, or
whether any interference is warranted in appeal.
11. We find that in cases of sexual offences against a child, the
testimony of the victim can be relied upon even without
independent corroboration, if it appears truthful and trustworthy.
At the same time, this Court must carefully examine the evidence,
particularly medical and other corroborative evidence, to see
whether any material inconsistency creates a reasonable doubt.
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12. We find that the issue of competency of the victim to depose
does not raise any concern. The learned Sessions Court had put
preliminary questions to the victim in its chamber, satisfied itself
about her ability to understand questions and give rational
answers, and thereafter recorded her deposition in a child-friendly
atmosphere with the presence of her mother and representatives of
both sides.
13. We further find that the victim is, in a procedural sense, the
sole eyewitness, since the incident occurred on the terrace of her
grandfather’s house in a secluded manner and no independent
eyewitness could be expected in such circumstances. However, the
law permits conviction on the testimony of a sole witness, including
a sole victim, if her evidence inspires confidence.
14. The victim, examined as PW-5 at Exh. 41, aged approximately
8 years at the time of her deposition (having been about 5 years
and 4 months on the date of incident). Her statement was recorded
in the chamber of the learned Special Judge in a child-friendly
atmosphere after the Court, upon putting preliminary questions,
satisfied itself that she was competent to depose, understood the
importance of speaking the truth, and was capable of giving
answers. In her deposition she consistently and clearly narrated
that on the morning of 27.03.2014, while her parents had gone to
the farm to cut fodder, one uncle who had come to her
grandfather’s house for the work of constructing stairs approached
her, enticed her by saying that he would show games on his mobile
phone, lifted her in his arms, and took her to the terrace of the
house. There, he removed her black capri, put his finger in his
mouth and applied saliva, inserted the saliva-mixed finger into her
private part, kissed her on the lips, then inserted his penis into her
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vagina and moved her body up and down twice, which caused her
severe pain. She further stated that even when her grandmother
shouted from below, he did not release her; only when her
grandfather also shouted loudly did he let her go, after which he
threatened her not to tell anyone about what had happened. She
felt pain and fear, came down from the terrace in a frightened
state, and the next morning 28.03.2014, while near the house,
disclosed the entire incident in detail to her mother. In Court she
identified the accused from among two persons brought from jail as
the same uncle who committed the acts upon her. She also
identified the clothes she was wearing at the time of the incident
and confirmed that she was medically examined at Bharuch Civil
Hospital and later referred to SSG Hospital, Vadodara. Though
certain minor details elicited in cross-examination such as her
inability to recall on which hand her nickname was written, the
specific game shown on the mobile, or the exact sequence of
certain peripheral events were brought out, these variations are
natural and expected in the testimony of a child of such tender age;
they do not touch the core substratum of the incident, namely
enticement with the mobile phone, taking to the terrace, removal of
clothing, penetration with saliva, kiss, penile penetration with up-
down movement causing pain, failure to release despite shouting
by grandmother, release only after grandfather’s shout, threat of
silence, and prompt disclosure to the mother the following
morning. Her testimony, when read as a whole, appears natural,
spontaneous, and trustworthy, inspiring confidence in its
truthfulness.
15. PW-13, Badharsinh Punjabhai Barad at Exh. 63, deposed that
on the relevant day two labourers had come from Naran Marwadi
(Naranbhai) to carry out the work of constructing stairs at his
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house. He stated that one of them was dark-complexioned and that
he noticed this person taking his minor granddaughter upstairs
while showing something on a mobile phone. Shortly thereafter, his
wife – the grandmother raised an alarm by shouting; upon hearing
the shout, he also shouted loudly at the person, whereupon the
labourer left the child and went away from the terrace. He further
stated that immediately thereafter the granddaughter came down
from the terrace in a frightened condition. He corroborated that
after the child disclosed the incident to her mother the next
morning, the family members made inquiries and verified through
Naranbhai from whom the labourers had been engaged the identity
of the person involved, following which the complaint came to be
lodged without delay. Although he was not an eyewitness to the
actual acts of assault the incident having occurred on the terrace in
a secluded manner, his deposition provides valuable corroboration
regarding the presence of the accused at the house for stair
construction work, the enticement and taking of the child to the
terrace while showing the mobile, the raising of alarm by the
grandmother followed by his own shouting which caused the
perpetrator to release and flee, the immediate frightened and
distressed condition of the granddaughter upon coming down.
These facts, emanating from a natural and disinterested family
witness who had no reason to falsely implicate the accused, lend
strong support to the victim’s account of enticement, commission of
the assault on the terrace, the family’s immediate reaction through
shouting, the child’s traumatized state post-incident, and the
prompt verification and lodging of complaint, thereby forming an
important link and establishing the prosecution case.
16. On a careful scrutiny of the deposition of the victim, we find
that she has consistently stated that on 27.03.2014 in the morning,
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while her parents had gone to cut fodder, one uncle who had come
to construct stairs at her grandfather’s house enticed her by saying
he would show games on mobile, lifted her, took her to the terrace,
removed her capri, put his saliva-mixed finger in her private part,
kissed her on the lips, inserted his penis in her private part and
moved her up and down twice causing pain, did not leave her even
when grandmother shouted, but released her only when
grandfather shouted loudly, and threatened her not to tell anyone.
She further stated that this happened twice, she felt pain, and the
next morning disclosed everything to her mother. She identified the
accused in Court from among two persons brought from jail as the
uncle who committed the act. She also identified her clothes worn
at the time white frock and black capri and stated that she was
medically examined at Bharuch Civil Hospital and thereafter at
SSG Hospital, Vadodara.
17. It appears from the record that certain minor variations were
brought out in cross-examination, such as she could not remember
on which hand the nickname was written or which game was shown
on mobile; she did not shout herself on the terrace; she initially
mentioned two uncles but identified only one as the perpetrator;
and she stated she did not know certain details like the exact time
or full contents of police questions. We find that these are not
material contradictions. They are natural differences expected in
the narration of a child witness of tender age 5 years at incident, 8
years at deposition and do not affect the core case of enticement,
taking to terrace, digital and penile penetration, pain, threat, and
disclosure to mother.
18. It also transpires from the record that the defense suggestion
that the victim was tutored by her mother or others is only an
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allegation and was denied by the victim. No reliable material has
been placed to establish such tutoring or to show that it resulted in
a false case.
19. We also find that there is no reason on record to believe that
the victim would falsely implicate the accused. In offences of this
nature, it is unlikely that a child of 5 years would make a false
allegation and undergo medical examination and court deposition
without the incident having occurred.
20. The version of the victim is supported by the immediate
disclosure and the evidence of family members. PW-4 mother
Minakshiben has stated that the next morning the victim disclosed
the entire incident while being called near the house, showed the
nickname written on her hand, described the accused as the one
wearing spectacles, dark and thin, and that after verifying from
father-in-law and Naranbhai, the complaint was lodged. The mother
also identified the clothes and narrated the medical process. PW-13
grandfather has stated that two labourers came from Naran
Marwadi, one dark-complexioned, took the granddaughter to
terrace showing mobile game, grandmother shouted, he shouted
and the person left, granddaughter came down scared with redness
in private part. We find that although they are not eyewitnesses to
the act, their evidence about the victim’s immediate condition,
disclosure, identification, and subsequent action is natural and
supports the prosecution version.
21. The medical evidence strongly supports the allegation of
penetrative sexual assault. The doctor at Bharuch Civil Hospital
examined the victim and recorded history as per mother, noting old
healed abrasions on knees and redness in genitals. She was
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referred to SSG Hospital, Vadodara where gynaecological
examination revealed redness on labia majora, swelling, and
opinion of sexual assault on child. The hymen was intact, no
bleeding from urethra, but pain was consistent with victim’s
statement. The accused was medically examined and found capable
of sexual intercourse. We find that the defense suggestion of
irritation from summer heat or pouring water does not fully explain
the specific findings of redness and swelling consistent with assault
on a minor.
22. It also appears from the record that the victim’s birth
certificate at Exh. 38 proved her date of birth as 25.11.2008,
making her 5 years 4 months at the time of incident. The accused’s
age was proved through ossification test as above 20 years, placing
him above 18 years at the time of incident, and false school
certificate produced by his father was disproved after inquiry. We
find that the defense suggestion of the accused being juvenile does
not hold, as the ossification and inquiry established majority.
23. The medical evidence further supports the prosecution case.
The examination at Bharuch Civil Hospital recorded history as per
the mother and noted redness in the genitals along with old healed
abrasions on knees. The gynaecological examination at SSG
Hospital, Vadodara, revealed redness on the labia majora, swelling
in the private part, and the doctor’s opinion that sexual assault had
occurred on the child. Though the hymen was intact and no
bleeding from vagina or urethra was observed, the findings of
redness, swelling and pain were consistent with the victim’s
statement of digital insertion with saliva and penile penetration
causing pain. The accused was medically examined and found
capable of sexual intercourse. We find that the presence of redness
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and swelling on the labia majora and the opinion of sexual assault
provide strong support to the prosecution case when read with the
other evidence.
24. The contention that the redness could be from unrelated
sources such as summer heat or urinary irritation is without merit,
as no plausible explanation has been offered by the accused for the
specific medical findings consistent with assault. The chain of
custody of medical records is supported by the evidence of the
doctors and the referral process. The absence of hymen rupture or
bleeding does not create a reasonable doubt when the total medical
evidence, including pain and redness, is considered together with
the child’s testimony.
25. It appears from the record that the investigating officer PSI
Pawar has explained the investigation steps, including registration
of FIR, medical examination of the victim at Bharuch Civil Hospital
and referral to SSG Vadodara, recording of statements of the
victim, mother and grandfather, identification of the accused
through Naranbhai, seizure of clothes worn by the victim at the
time of incident, visit to the scene, and other procedural steps. We
find that the evidence of the mother PW-4 and PW- 13 grandfather
corroborates the disclosure, identification and immediate action
taken. No material is shown to establish bias or malafides in
investigation.
26. It is an oft-reiterated dictum of law that in cases of sexual
offences against children, the testimony of the victim alone may be
sufficient and sole evidence of the victim, when cogent and
consistent, could be properly used to arrive at a finding of guilt. In
State of Himachal Pradesh vs. Manga Singh, (2019) 16 SCC
759, the Supreme Court in terms stated that conviction can be
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rested on the testimony of the victim alone.
“The conviction can be sustained on the sole testimony of the
prosecutrix, if it inspires confidence. The conviction can be based
solely on the solitary evidence of the prosecutrix and no
corroboration be required unless there are compelling reasons
which necessitate the courts to insist for corroboration of her
statement. Corroboration of the testimony of the prosecutrix is not
a requirement of law, but a guidance of prudence under the given
facts and circumstances. Minor contradictions or small
discrepancies should not be a ground for throwing the evidence of
the prosecutrix.”
27. It was further asserted that corroboration is not an essential
requirement for conviction in the cases of sexual assault on
children. It is well settled by a catena of decisions of the Supreme
Court that corroboration is not a sine qua non for conviction in
such cases. 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. However, having
regard to the circumstances of the case, medical evidence may not
be available in full form. In such cases, solitary testimony of the
victim would be sufficient to base the conviction, if it inspires the
confidence of the court.
28. From a recent decision in Raju alias Umakant vs. State of
Madhya Pradesh, (2025 SCC OnLine SC 997), following
observations could be noticed:
“…….a woman or a girl subjected to sexual assault is not an
accomplice but a victim of another person’s lust and it will be
improper and undesirable to test her evidence with suspicion. All
that the law mandates is that the Court should 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 charge levelled by her and if
after keeping that aspect in mind if the Court is thereafter satisfied
that the evidence is trustworthy, there is nothing that can stop the
Court from acting on the sole testimony of the prosecutrix. [See
State of Rajasthan v. N.K. the Accused, (2000) 5 SCC 30,
Rameshwar v. State of Rajasthan, 1951 SCC 1213, State ofPage 19 of 20
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Maharashtra v. Chandraprakash Kewal Chand Jain, (1990) 1 SCC
550, State of Punjab v. Gurmit Singh, (1996) 2 SCC 384]”
29. The sensitive approach and greater inclination to rely on the
creditworthy evidence of the victim is guided by the aspect as
observed in Bharwada Bhoginbhai Hirjibhai vs. State of
Gujarat, [(1983) 3 SCC 217] it was observed thus:
“In the Indian setting, refusal to act on the testimony of a victim of
sexual assault in the absence of corroboration as a rule, is adding
insult to injury. Why should the evidence of the girl or the woman
who complains of rape or sexual molestation be viewed with the aid
of spectacles fitted with lenses tinged with doubt, disbelief or
suspicion?”
30. On overall consideration, we find that the testimony of the
victim inspires confidence, is not shaken by any material
contradiction, and is supported by prompt disclosure to the mother
the next morning, medical evidence showing redness and swelling
consistent with assault, identification of the accused in court, and
evidence of family members mother and grandfather. We find that
the prosecution has proved the guilt of the accused beyond
reasonable doubt. Accordingly, no interference is called for in
appeal.
31. In light of the above legal position and for the reasons
recorded in the foregoing paragraphs, the present appeal fails and
is accordingly dismissed. Records and Proceedings, if any, be
remitted to the Court concerned forthwith.
(ILESH J. VORA,J)
(R. T. VACHHANI, J)
Kaushal Rathod
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