Jharkhand High Court

Conviction for Rape Quashed Due to Uncorroborated Testimony of Victim and Absence of Medical Evidence

DHIRJU MUNDA vs THE STATE OF JHARKHAND

Jharkhand High CourtJUDGMENT: June 30, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The appellant was convicted by the Trial Court under Sections 376(1) and 417 of the IPC for allegedly establishing a physical relationship with the informant (P.W.-1) on a false pretext of marriage starting in October 2017

Source reference: p. 1-2

The informant alleged that this relationship resulted in pregnancies and forced abortions

Source reference: p. 2

Following a village panchayati where the appellant refused to marry the victim, a First Information Report (FIR) was lodged in 2018

Source reference: p. 2-4

The prosecution examined seven witnesses, including the victim and a medical officer. The Trial Court acquitted the appellant of Section 313 IPC (causing miscarriage without consent) but convicted him of rape and cheating

Source reference: p. 5

The appellant challenged this conviction on the grounds of consensual relationship, lack of medical corroboration, and delayed FIR

Source reference: p. 5-6
02

Issues

1. Whether the conviction under Section 376(1) and Section 417 of the IPC can be sustained solely based on the uncorroborated testimony of the victim when medical evidence and other witness statements contradict or fail to support her claims?

Source reference: p. 6-7
03

Law Applied

The court applied Section 376(1) (punishment for rape) and Section 417 (punishment for cheating) of the Indian Penal Code

Source reference: p. 1-2

It relied on the fundamental principle of criminal jurisprudence that for a conviction to be based on the sole testimony of a victim, such testimony must be inherently reliable and consistent

Source reference: p. 7

Furthermore, the court examined the distinction between a "false promise of marriage" (vitiating consent under Section 90 IPC) and a "breach of promise," noting that material contradictions and a lack of corroboration from medical evidence (Dr. Vibha Rani, P.W.-7) weaken the prosecution's case

Source reference: p. 4, 7
04

Reasoning

The Court found that the prosecution's case rested entirely on the statement of P.W.-1, which lacked external corroboration

Source reference: p. 6-7

Specifically, the medical evidence provided by P.W.-7 categorically stated there was no sign of recent sexual assault, no evidence of pregnancy, and no evidence of abortion, directly contradicting the victim's primary allegations

Source reference: p. 4-5

The Court observed that the victim frequently changed her version of events—varying her statements between the police, the village panchayati, and the trial court-specifically regarding whether the initial act was "forcible" or based on a promise of marriage

Source reference: p. 3, 7

Additionally, other prosecution witnesses (P.W.-3, P.W.-4) admitted they had no personal knowledge and were merely repeating what the victim told them

Source reference: p. 3-4

The Court concluded that in the absence of independent corroborative material and given the significant contradictions in the victim's testimony, the conviction was not legally sustainable

Source reference: p. 7
05

Holding

The High Court answered the issue in the negative, holding that the appellant's conviction based on the sole, inconsistent statement of the victim was unwarranted

The Court allowed the appeal, quashed and set aside the judgment of conviction dated 23.11.2021 and the order of sentence dated 26.11.2021. The appellant was acquitted of all charges and discharged from the liability of his bail bond

Source reference: p. 7
Jharkhand High Court

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DHIRJU MUNDAvsTHE STATE OF JHARKHAND

Jharkhand High Court · June 30, 2026

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