Absence Of Medical Evidence Won't Weaken Rape Case, If Survivor's Version Creditworthy: SC

The Supreme Court has on August 5, 2025 said, the prosecution case in no way gets weakened merely because the medical evidence is less corroborative or absent in details or indictive of no external injuries, as sole testimony of the victim can be a strong evidence to rely on, along with available attendant evidence, to uphold conviction in a rape case.

A bench of Justices Sudhanshu Dhulia and N V Anjaria upheld the Chhattisgarh High Court's judgment of September 22, 2023 which affirmed the judgement and order of the Special Judge (SC/ST Court), Rajnandgaon, convicting and sentencing appellant, Deepak Kumar Sahu.

"In cases of offences committed under Section 376, IPC, when the story of the victim girl as told in the evidence is found credit-worthy, the apparent insufficiency of medical evidence pitted against acceptable testimony of the victim, the latter would prevail,'' the bench said.

The appellant was sentenced to 10 years rigorous imprisonment under Section 376 (2), IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012.

According to the prosecution, on April 3, 2018, when the 15-year-old victim and his 11-year brother were alone in their house, the appellant committed sexual intercourse, after sending the boy to buy tobacco.

Arguing the appeal, his counsel said, the evidence of the prosecutrix could not be relied on and needed to be analysed with caution when the medical report was not categorical to confirm the offence of sexual assault and rape.

He also contended that the prosecution could not establish that the victim was minor on the date of commission of offence so as to attract the provisions of POCSO Act, 2012.

The bench said, it is an opt-reiterated dictum of law that in cases of rape, the testimony of the prosecutrix alone may be sufficient and sole evidence of the victim, when cogent and consistent, could be properly used to arrive at a finding of the guilt.

With regard to the contention of the victim not being minor, the court said, there was cogent and reliable evidence in the nature of 8th standard marksheet of the victim which showed her date of birth to be December 09, 2002.

The court noted the record of the medical examination showed that there were no injury marks on the private parts of the victim. It was, however, mentioned that the hymen was ruptured and healing up was indicated. It was also stated no external signs of injury or scratch marks on the genitals of the victim were found.

The bench, however, found the evidence of the prosecutrix is not only clear and consistent in the narration of the incident, but natural as well.

The facts relating to the actual commission of offence and attendant circumstances thereof matched in her testimony and that of her brother.

"An attentive look at the evidence of the prosecutrix would reveal that her testimony in narrating the incident and to describe what happened with her, is natural. Even when read independently, it inspires confidence and veracity for its clarity and consistency. The contention that non-availability of emphatic medical evidence about occurrence of physical intercourse and absence of external injury marks make it imperative to doubt and disregard the evidence of the prosecutrix, could hardly be countenanced,'' the bench said.

The court further said, it may be true that in the present case the evidence of the medical officer spoke about absence of external injury marks on the genitals of the victim.

However, the proposition that the corroboration from the medical evidence is not sine qua non when the cogent evidence of the victim is available, was reiterated in a recent judgement of this court in Lok Mal alias Loku vs. State of Uttar Pradesh, (2025), the bench pointed out.

In the case, the court noted, according to the version of the prosecutrix, that the accused overpowered her and pushed her to bed in spite of her resistance and gagged her mouth using a piece of cloth. Thus, considering this very aspect, it is possible that there were no major injury marks, it said.

The court held the credible and reliable evidence of prosecutrix could not be jettisoned for want of corroboration including the corroboration by medical report or evidence.

It also pointed out in State of Himachal Pradesh vs. Manga Singh, (2019), this court asserted that corroboration is not an essential requirement for conviction in the cases of rape.

Holding that the victim’s evidence was entirely probable, natural and trustworthy, the bench said;

''There exists no reason, much less compelling reasons, to disbelieve and discard her testimony."

Finding that the crux of the incident, of accused overpowering the victim and committing forcible act by forcing her to the bed, could be clearly established from the totality of evidence adduced by the prosecution, the bench said, the High Court was wholly justified in upholding and confirming the conviction and sentence awarded to the appellant convict, by the trial court.

Case Title: Deepak Kumar Sahu Vs State of Chhattisgarh

Date of Judgment: August 5, 2025

Bench: Justices Sudhanshu Dhulia and N V Anjaria