Holding

The Supreme Court held that the victim's testimony was reliable and duly corroborated by medical and independent eyewitness evidence, and therefore the convictions under IPC sections 376 and 114 are upheld.

Summary

The victim, a 14‑year‑old illiterate agricultural labourer, was gang‑raped by three accused. The trial court convicted them under IPC sections 376 and 114, but the Karnataka High Court acquitted them, holding that the victim's testimony was unreliable as it lacked medical corroboration. On appeal, the Supreme Court examined the reliability of the victim's evidence, noting that her statements were corroborated by medical findings (ruptured hymen, contusions) and by an independent eyewitness who saw the assault. The Court rejected the High Court's reasoning that the absence of back injuries or spermatozoa, or alleged contradictions in the victim's statements, undermined her testimony. It held that the victim was a reliable witness and the conviction should stand, restoring the trial court's judgment.

Issues considered

Whether the victim's testimony is reliable despite lack of certain medical corroboration.
Whether the absence of injuries on the victim's back or lack of spermatozoa negates the prosecution's case.
Whether alleged contradictions in the victim's statements to the doctor and her mother affect her credibility.
Whether the accused can be convicted under IPC sections 376 (rape) and 114 (constructive participation).
Whether the High Court erred in acquitting the accused.

Legislation cited

Indian Penal Code, 1860s. 114, s. 376

Subjects

rapeminor victimreliability of testimonymedical evidencecorroborationIPC 376IPC 114sexual assaultappellate review

Judgment

KUM. NARAYANAMMA A
v.
STATE OF KARNATAKA AND ORS .
.., AUGUST 31, 1994

[MADAN MOHAN PUNCHHl AND K. JAYACHANDRA B
REDDY, JJ.]

Indian Penal Code 186(}-Sections 376, 114-Rape of minor girl--
Evidence af prosecutrix co"aborati11g i11 all material particulars witlt medical
exami11acio11 and evidence of oclter wimesses-Accused convicted by trial C
coun-Higlt Coun acquiccing-Held, offence proved-Co111•ictio11 by Trial
Coun restored.

The appeall.ant·prosecutrix was gang-raped by the accused. She was
14 years old at that time. Being illitrate, she was working as an agricultural
labourer. D
After the investig_ation, two of the three accused viz. V. And S were• .
charged with the offence u/s. 376 IPC directly and accused M was charged
constructively with the aid of S. 114 IPC. The Trial Court convicted all the
accused. On appeal, the High Court reversed the said decision and ac-
quitted the accused, on the ground that the prosecutrix was not a· reliable E
witness as her statement was not corroborated by medical evidence. The
State Government and the prosecutrlx filed the present appeals.

Allowing the appeals, this Court

HELD : 1. The prosecutrix was a reliable witness •. She stood cor- F
roborated on all material particulars not only by medical evidence but also
by the evidence of P.W. 2 who had appeared on the scene of the crime and
, seen it being committed by the accused respondents. [803-G]

2. The High Court unfortunately did not appreciate that in the month G
of October when the occurrence took place, the jowar stalks would have
been more than a man's height and when trampled upon the matted would
provide sufficiently a cushion for the crime being committed without the
prosecutrix receiving any inquiry on her back. The surrounding crop would
also provide a cover obstructing visibility to a casual passer-by. Thus the
absence of injuries on the back of the prosecutrix can be of no consequnece. H
799
800 SUPREME COURT REPORTS (1994) SUPP.2S.C.R.

A [804-C·D]

3. The prosecutrix's sta.tement to the Doctor about her naming one
person to have committed rape on her was not put to the prosecutrix during
cross-examination, in the abs1mce of which it cannot be ·said that there was
a contradiction for there might well have been an omission which the
B prosecult'ix could supply and render a plausible acceptable explanation.
Besides the first assault in any case was by S which was correct; and her
statement to the Doctor may not have been complete. But that cannot be
the end of the matter. This particular cannot weigh against the prosecutrix.
[804-E·G]
c 4. The prosecutrix having supplied the details of the crime to her
mother P.W. 6 the mother deposed at the trial that she was told by the
prosecutrix that the three named accused bad committed rape on her. The
High Court termed it as an enggeration because as is the version M bad
not committed rape. In a sem;e, M facilitated the commission. He was the
D initiator and bad an active role to play and was equally guilty. The
prosecutrix could not be condemned if she conveyed to her mother that he
was guill'/ of the crime of rape committed on her. It could be a difference
of perceptions. This particular also does not weigh against the prosecutrix.
[804-H, 80S·A·B]
E S. When the Doctor who 1examlned the prosecutrix had opined that the
bymen'wii1s ruptured, she did not qualify her statement that it stood rup-
tured as of old or carried am1 old tear. With clear objective In view, the
Doctor must be presumed to have noticed the hymen as freshly ruptured, as
otherwise, the Doctor would not have described it in that fashion to be
F bleeding, tender and painful. 11'be factum of admission of two fingers could
not be held adverse to the prosecutrix for it would depend upon the size of
the fingers inserted. Experience tells that when medical experts try to opine
about the medical condition of a woman used to sexual intercourse, It is
described as admissiJ, of two fingers easily, bot here the Docter qualified
G her statement by sayfng that it was painful and bleeding on touch. These
conditions obviously related to the hymen. The Doctor was thns clear in her
opinion that rape bad been committed on the prosecutrix. [805-D·F]

6. 11~at there were injuries such as irregular linear contusion on both
the breasts of the prosecutrix being 3 to 4 in number, redisb in colour, is
'H also suggestive of force being used on her while she was subjected to the
NARAYANAMMAv. STATE fPUNCHHl,J.] 801

crime. [805-GJ A
7. No presumption can be made that penetration of penis in the
private parts of rape victim must necessarily lead to the discovery of sper-
matoza. It is a question of detail and has to be put to test by cross-examina-
tion. Otherwise also there may be various other factors which may negative
the presence of spermatoza such as faulty taking of the smear, its preserva- B
ti on, quality of semen etc. The absence of spermatoza prima facie could not

- be allowed to tell against the version of the prosecutrlx. [806·B·CI

8. The prosecutrlx was 14 years of age. She bad no axe to grind in
accusing the respondents of the crime and describing the roles played by C
them in the commission of it. The F.I.R. was lodged by her at the earliest
possible time. She was medically examined immediately thereafter within
six hours of the commission of the crime. She stood corroborated not only
by the medical evidence but also by the evidence of persons who came by
and who met her immediately after the occurence. [806·DJ
D
9. The evidence of P.W.2 is of great significance. He is an Independent
witness. There Is no reason why he should speak against the accused
respondents. The prosecutrix also could not be doubted on the supposition
that her cries should have attracted some people from the neighbouring
fields, or people returning to the village in the evening. Her word could not E
be disbelieved on mere generalities. Whosoever was close by, such as P.W.2
was attracted to the scene. He saw what was happening to the prosecutrlx.
Things spoke to him on their own. The fact that be accompanied the brother
of the prosecutrix and the prosecutrlx to the police station fur.her lends
credence to bis testimony. [806·E·GJ
F
10. The prosecutrix being below the age of consent, the respondents
cannot escape liability merely because no marks of injury on their person
suggesting resistence could be found. [806-H, 807-AJ

CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. G
547of1988.

From the Judgment and Order dated 20.11.87 of the Karnataka High
Court in Crl. A. No. 157 of 1986.

With H
802 SUPREME COURT REPORTS [1994) SUPP. 2 S.C.R.

A Criminal Appeal No. 548/88.

R. Jaganath, T.C. Sharma, P. Narasimhan, Ms. Rajni K. Prasad for
the Appellants.

M. Veerappa for the State.
B
P. Mahale for the Respondent in Nos. 2-4.

The Judgment of the Court was delivered by

PUNCHHI, J. These two appeals by special leave, one by the State
C of Karnataka and the other by the victim of the crime, are directed against
the judgment and order of the High Court of Karnataka in Criminal
Appeal No. 157 of 1986 decided on 20th November, 1987 recording an
order of acquittal in favour of the accused-respondents.

D ium. Narayanarnma is the prosecutrix. She was about 14 years of age
on the date of the commission of the offence. She is illiterate and used to
eke out a living, as did her other family members, by working as an
agricultural labourer (in common parlance a "coolie"). On 3.10.1983 at
about 3.30 p.m she has gone towards the fields to cut some grass for her
cattle, and while she was returning at about 5.00 p.m. with a basket full of
E grass, she found accused No. 1, Muniyappa, aged about 23 years standing
close to a "Honge" tree on tl1e footpath. When she got close to him, he
caught her by the hands, speaking to her suggestively with an evil design.
Accused No. 2 Venkataswamy aged about 17 years emerged from a close-
by fence. and caught her by the legs. Both of them bodily lifted the
prosecutrix by her hands and legs and took her a few feet away in the field
F of one Gopalappa known as the "field of stones". There Sorghum Gowar)
crop was standing and they dumped her on the standing jowar plants which
matted. Accused No. 3, Somanna, aged about 20 years, who has already
present there, lifted her clothes, forcibly inserted his organ in the private
parts of the prosecutrix as also broke open the hooks of her blouse and
G squeezed her breasts, while the victim was immobilised by Muniyappa who
held her by her hands closing her mouth and Venkataswamy catching her
by the legs. Having laid up on the p;osecutrix for some time Somanna got
up and immediately thereafter Venkataswamy indulged in the same act. At
that time, Somanna stood close by, and Muniyappa kept holding the hands
of the prosecutrix for her resistance and somewhat waned away by that
H time. She kept raising however screams and cries all the same which
NARAYANAMMAv. STATE [PUNCHH!,J.) 803

attracted on the scene a grazier by the name of Muniswamappa, P.W.2. He A
had seen Muniyappa having immobilised the prosecutrix, Somanna stand-
ing close by and Venkataswamy raping her. On seeing P.W. 2, the three
accused ran away. In the meantime the nephew of the prosecutrix, a child
about 9 years named Yellappa P.W. 7 helped her get up and made her
wear her clothes. Then came the sister of the prosecutrix by the name
Nagrathna P.W. 5 and her mother, Venkatagiriamma, P.W.6 to whom the B
prosecutrix narrated as to what had happened to her. They then took her
to the village. In the meantime Krishnappa P.W.8, brother of the
prosecutrix arrived and he too was told by the prosecutrix as to what had
happened to her. Then he taking his sister, the prosecutrix as also Munis-
wamappa P.W. 2 went to the Police Station, Bangarpet having travelled a C
distance of about 9 miles on foot where First Information Report was
lodged on the statement of the prosecutrix much before midnight. The
police then went into action by inspecting the spot wherefrom they could
recover some pieces of broken bangles belonging to the prosecutrix. The
police also took care of arresting the accused and in having them medically
examined from Dr. Basavaraju, P.W.4 on the day following the day of the D
occurrence at about 1.15 p.m. Beforehand the police had taken care to
have the prosecutrix examined by Dr. C.V. Reeta, P.W. 3 immediately after
the recording of the F.l.R. within about six hours of the incident.

On completion of the investigation, the three accused respondents
were put up for trial, Muniyappa constructively with the aid of section 114 E
of the India Penal Code and the other two accused directly for the offence
of rape, besides all the three accused for peripheral offences. The trial
ended in conviction of the respondents under all counts for which they
were awarded terms of imprisonment as disclosed in the judgment and
order of the Sessions Judge, Kolar. The High Court reversed that decision F
and recorded order of acquittal.

According to the High Court, the prosecutrix was not a reliabie
witness as her statetpent was not corroborated by medical evidence. We on
closer consideration of the matter, with respect, differ from the High
Court. As we view it, the prosecutrix was a reliable witness. She stood G
corroborated on all material particulars not only by the medical evidence
but by the evidence of P .W.2 who had appeared on the scene of the crime
and seen it being committed, by the accused respondents. The particulars
which have attracted adverse comments from the High Court and which
we have smoothened in our effort are as follows :' H
804 SUPREME COURT REPORTS (1994] SUPP. 2 S.C.R.

A (i) According to the prnsecutrix, she had been bodily lifted by
Muniyappa and Venkataswamy, respondents, taken to the field of
Gopalappa Where Somanna already present in waiting raped her
while she was forcibly la:id on the matted jowar crop. Since there
was no marks of injury on the back of the prosecutrix and the field
was reported to be having stones on the surface, the word of the
B prosecutrix was doubted by the High Court about the manner in
which the crime was committed. The High Court unfortunately did
not appreciate the importance of the use of jowar stalks, which in
the month of October, when the occurrence took place would have
been more than a man''s height and when trampled upon and
c matted would provide sufficiently a cushion for the crime being
committed without the prosecutrix receiving any injury on her
back. The surrounding crop would also provide a cover obstructing
visibility to a causal passer-by. Thus we view that the absence of
injuries on the back of tllie prosecutrix can be of no consequence
in the circumstances;
D
.(ii) According to Dr. Re•eta, P.W. 3, the prosecutrix told her that
she had been caught hold of by Muniyappa and Venkataswamy
and was raped by Somanna. When the prosecutrix had laid claim
in the First Information Report, and to which she struck to at the
E trial, that Somanna and Venkataswamy had committed rape on her
while Muniyappa immobilised her, the High Court viewed that
there was a contradiction made by the prosecutrix when naming
only one person as her ravisher to Dr. Reeta, P.W. 3. Surprisingly,
the prosecutrix's statement to Dr. Reeta about her naming one
F person to have committed rape on her was not put to the
prosecutrix during cross··examination. In the absence of the same
being put to her it cannot be said that there was a contradiction
for there might well have been an omission which the prosecutrix
could supply and render a plausible acceptable explanation. Be-
sides the first assault in any case was by Somanna which was
G correct; and her statement to the Doctor may not have been .
completed. But that cannot be the end of the matter. This par-
ticular, in our view, cannot weigh against the prosecutrix.

(iii) The prcsecutrix having supplied the details of the crime to her
H mother P.W.6, the mother deposed at the trial that she was told
NARAYANAMMAv. STATE [PUNCHHI. J.] 805

by the prosecutrix that the three accused by name had committed A
rape on her. This the High Court termed as an exaggeration
because as is the version Muniyappa had not committed rape. In
a sense, Muniyappa facilitated the commission of the crime. He
was the initiator and had an active role to play and was equally.
guilty. The prosecutrix could not be condemned if she conveyed
B
to her mother that he was guilty of the crime of rape committed
on her. It could be a difference of perceptions. This particular also
does not weigh against the prosecutrix.

(iv) According to Dr. Reeta, P.W.3 hymen of the prosecutrix was
ruptured, admitted two fingers bled on touch, was re dish in colour, C
and was painful and tender. On this basis, the Doctor opined that
these were signs of rape. The ability of admission of two fingers
and the hymen being ruptured was viewed by a High Court was if
the prosecutrix was habitual to sexual intercourse. When the Doc-
tor had opined that the hymen was ruptured, she did not qualify D
her statement that it stood ruptured as of old or carried an old
tear. With clear objective in view, the Docfor must be presumed
to have noticed the hymen as freshly ruptured, as otherwise, the
doctor would not have described it in that fashion to be bleeding,
tender and painful. The factum of admission of two fingers could
not be held adverse to the prosecutrix for it would depend upon E
the size of the fingers inserted. Experience tells us that when
medical experts try to opine about medical condition of a woman
used to sexual intercourse, it is described as admission of two
fingers easily, but here the Doctor qualified her statement by saying
that it was painful and bleeding on touch. These conditions· ob- F
viously related to the hymen. The Doctor was thus clear in her
opinion that rape had been committed on the prosecutrix. There
was no occasion for the High Court in holding it to the contrary.

(v) That there were injuries such as irregular linear contusion on
• both the breasts of the prosecutrix being 3 to 4 in number, re dish G
in colour, is also suggestive of force being used on her while she
was subjected to the crime. The High Court unfortunately did not
give weight to this piece of evidence as it deserved.

(vi) With regard to the vaginal smear examination conducted at a H
806 SUPREME COURT REPORTS (1994) SUPP. 2 S.C.R.

A different hospital, Dr. Reeta, P.W.3 was reported that no sper-
matoza was seen on it, and the absence of sperms has been viewed
against the version of the prosecutrix. It was never elicited from '
the prosecutrix as to whether the two person who committed rape
on her had reached orgasm emitting semen in her private parts.
No presumption can be made that penetration of penis in the
B private parts of a rape victim must necessarily lead to the discovery
of spermatoza. It is a question of detail and has to be put to test
cross-examination. Otherwise also there may be various other
factors which may negative the presence of spermatoza such a
faulty taking of the smear, it's preservation, quality of semen etc.
c The absence of spermatoza prima facie could not be allowed to
tell against the version of the prosecutrix.

It cannot be forgotten that the prosecutrix was 14 years of age. She
had no axe to grind in accusing the respondents of the crime and describing
D the roles played by them in the commission of it. The F.I.R. was lodged
by her at the earliest possible time. She was medically examined immedi-
ately thereafter within six hours of the commission of the crime. She stood
corroborated not only by the medical evidence but also by the evidence of
person who came by and who met her immediately after the occurrence.
In particular evidence of Muniswamappa, P.W.2 is of great significance.
E He is an independent witness. There is no reason why he should speak
against the accused respondents. The reason suggested that he had some
sort of ill-will with the respondents, is neither here nor there. The
prosecutrix also could not be doubted on the supposition that her cries
should have attracted some people from the neighbouring fields, or people
p returning to the village in the evening. Her word could not be disbelieved
on mere generalities. Whosoever was close by such as Muniswamappa,
P.W.2 was attracted to the scene. He saw what was happening to the
prosecutrix. Things spoke to him on their own. The fact that he accom-
panied the brother of the prosecutrix and the prosecntrix to the police
station further lends credence to his testimony.
G
To conclude the aforesaid discussion, we hold that the High Court
fell into error in rejecting the clear and natural testimony of the
prosecutrix. We hold her to a reliable witness. Her evidence not only
inspires confidence but is otherwise corroborated on all material par-
H ticulars. She being below the age of consent, the respondents cannot escape
NARAYANAMMAv. STATE [PUNCHHI, J.] 807

liability merely because no marks of injury on their person suggesting ,A
resistance could be found. Thus we have to reverse the judgment and order
of the High Court restoring that of the Sessions Judge, Kolar whereunder
the respondents were veriedly sentenced, as is evident from his judgment.
Though we consider that the sentence awarded by the Session Judge was
not adequate being barely three years rigorous imprisonment for the crime B
of rape such as this, but at this point of time we do not wish to enhance it
in these proceedings and would be content in restoration of the orders of
the Sessions Judge, Kolar and conViction and sentences recorded by him.
Order accordingly.

For the aforesaid reasons, these appeals are allowed in the terms and C
manoer abovementioned

G.N. Appeal allowed

..