The top court has ruled that the statement of a rape victim in isolation itself is sufficient for a conviction if the same reflects that it is independent, unbiased and straight forward to establish the accusation against the accused.
“The law is very clear about this that the statement of the victim in isolation itself is sufficient for conviction if the same reflects that it is independent, unbiased and straight forward to establish the accusation against the accused,” a five-page judgment authored by Justice Sayyed Mazhar Ali Akbar Naqvi stated.
The ruling came during the hearing of a criminal petition filed by a convict, who was being found guilty in a case registered under sections 377-B/354/511 PPC for sexually abusing a seven- year-old girl and for using criminal force against her mother (complainant).
The Balochistan High Court had upheld his conviction of a five-year sentence under Section 377-B PPC as well as two years RI under Section 354 PPC.
A division bench of the apex court led by Justice Ijazul Ahsan heard the matter.
The bench referred to its recent judgment wherein it was held that “rape is a crime that is usually committed in private, and there is hardly any witness to provide direct evidence of having seen the commission of crime by the accused person”.
The court in the instant case has noted that the victim had specifically named the petitioner in the testimony before the court and had fully identified him.
As far as the delay in lodging the FIR is concerned, the judgment noted that the court has rightly held that in such like cases victims or their families are reluctant to come forward to promptly report the crime because of the trauma that has been suffered, therefore, the delay in reporting a sexual assault to the police is not very material.
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As far as the argument of the counsel that according to medical evidence no sign of injury was found on the person of the victim is concerned, Justice Naqvi said that the prosecution case “is that the petitioner has sexually abused the minor girl by firstly undressing her and then by touching his genital organ on the chest of the victim and also tried to put his organ in the mouth of the victim”.
“In such eventuality when the victim was only of seven years old and did not know as to what is happening with her and keeping in view the fact that the petitioner was known to her previously, the victim may not have resisted in front of the petitioner, therefore, mere non-availability of any sign of injury is of no help to the petitioner.”
As far as the plea of the petitioner in his statement under Section 342 CrPC that the husband of the complainant was out of country and in his absence different people would visit her house and when she was forbidden, a quarrel took place between the complainant and his mother and due to this reason he was implicated in this case is concerned, the court has observed that “suffice it is to say that no one would defame her minor daughter only on some minor quarrel because the honour of a female daughter is always more precious for a mother to take revenge on a trifle issue, therefore, the same appears to be a concocted story just to save the skin”, says the judgment.
In view of the mentioned reasons, the court has refused to grant leave to appeal.
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