[Rape case] Conviction of accused can be based on sole testimony of prosecutrix: Supreme Court

The Supreme Court recently reiterated that the conviction of accused can be based on sole testimony of the prosecutrix when the deposition of the prosecutrix is found to be trustworthy, unblemished, credible and her evidence is of sterling quality (Phool Singh v. State of Madhya Pradesh)..A Division Bench of Justices MR Shah and Sanjiv Khanna was hearing an appeal moved by one Phool Singh against an order of the Madhya Pradesh High Court, which had upheld the order passed by trial court convicting the appellant for the offence of rape under Section 376 of the Indian Penal Code (IPC)..It was the case of the prosecutrix that the appellant had committed rape on her when she was sleeping alone in her room.A First Information Report (FIR) was registered against the appellant and he was tried. The trial court convicted the accused under Section 376 IPC and sentenced the appellant to 7 years rigorous imprisonment with fine of ₹ 500.The High Court upheld the conviction and sentence of the appellant. prompting the present appeal before the Supreme Court..Advocate Aditya Gaggar, appearing for the accused-appellant, submitted that the medical evidence did not support the case of the prosecutrix.Additionally, he argued that if at all physical intercourse had occurred, it was completely consensual which was clear from the fact that no independent witness was examined by the prosecution and their case solely rested on the testimony of the prosecutrix. Additional Advocate General Abhay Prakash Sahay appearing for the respondent State, argued that since no question of a false case against the accused was asked to the prosecutrix at the time of cross-examination, therefore, there exists no reason to doubt the credibility of the sole testimony of the prosecutrix.He further submitted that once it is found that the testimony of the prosecutirx is reliable and trustworthy, there can be a conviction for the offence of rape relying upon the deposition of the sole witness/victim.At the outset, the Supreme Court noted that since the prosecutrix/victim has been consistent and has fully supported the case of the prosecution even after the cross-examination, the credibility of her testimony cannot be doubted.The Court placed reliance on its 2010 decision in Ganesan v. State, wherein it had held that there can be a conviction on the sole testimony of the prosecutrix, however she must be found to be reliable.In this backdrop, the Court observed:"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."The Court, therefore, rejected the plea of the accused-appellant to reduce the sentence considering the proviso to Section 376 of the IPC."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 has been dealt with lightly by imposing the minimum sentence of seven 5 years rigorous imprisonment only."While dismissing the appeal, the Court upheld the conviction and sentence awarded to the accused-appellant by the trial court and later affirmed by the High Court under Section 376 of the IPC..[Read Judgment]