Gauhati High Court

Conviction for rape sustained on sole credible testimony of prosecutrix without the need for corroboration.

Melason Marak vs The State Of Assam And Anr

Gauhati High CourtJUDGMENT: April 08, 20263 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The victim was taken by her father to the appellant, a traditional healer (Kabiraj), for jaundice treatment

Source reference: p. 2

On the appellant's advice, the victim stayed at his residence for continued treatment

Source reference: p. 3

During this period, the appellant forcefully raped the victim and threatened her with dire consequences if she disclosed the incident

Source reference: p. 3, 13

The matter surfaced several months later when the victim’s aunt noticed her physical transformation due to pregnancy (27 weeks)

Source reference: p. 3, 14

A village bichar (arbitration) was held where the appellant allegedly confessed and agreed to pay a fine but subsequently fled the village

Source reference: p. 12, 15

The appellant was convicted by the Assistant Sessions Judge, Kokrajhar, under Sections 376, 420, and 506 of the IPC

Source reference: p. 2

The appellant challenged this conviction, alleging the relationship was consensual and that the case was fabricated to settle a land dispute

Source reference: p. 4, 9
02

Issues

1. Whether the sexual relationship between the appellant and the victim was consensual or constituted rape under Section 376 of the IPC

Source reference: p. 4, 16

2. Whether the conviction can be sustained based on the sole testimony of the prosecutrix in the absence of DNA evidence or medical marks of violence

Source reference: p. 5, 18

3. Whether the defense plea regarding a false implication due to a land dispute was substantiated

Source reference: p. 9, 17
03

Law Applied

Sections 376 (rape), 420 (cheating), and 506 (criminal intimidation) of the Indian Penal Code

Source reference: p. 2

The principle that the testimony of a prosecutrix is on par with an injured witness and does not legally require corroboration if it inspires confidence, as held in Moti Lal v. State of M.P.

Source reference: p. 18

State of Himachal Pradesh v. Raghubir Singh

Source reference: p. 19

Distinguished this case from Uday v. State of Karnataka and Kaini Rajan v. State of Kerala, noting that "consent" obtained through fear or misconception of fact (under Section 90 IPC) does not excuse the offender

Source reference: p. 5, 6, 6-7
04

Reasoning

The Court rejected the appellant's argument of a consensual love affair, noting the relationship was strictly that of a patient and a healer (Kabiraj)

Source reference: p. 16

The Court observed that the victim stayed at the appellant’s house for medical reasons, and there was no evidence of a prior romantic involvement

Source reference: p. 16

While medical evidence did not show marks of violence, the Court found this expected given the 27-week delay between the incident and the examination

Source reference: p. 17

The lack of a DNA test was not fatal because the appellant’s confession during the village bichar and the victim’s consistent testimony sufficiently established the act

Source reference: p. 15, 17

The Court dismissed the defense's "land dispute" theory as a mere suggestion without supporting evidence, finding no reason for the victim to stake her social reputation on a false allegation

Source reference: p. 17, 18

The prosecutrix’s testimony was found to be consistent, reliable, and worthy of credence across her Section 161 and 164 CrPC statements and trial evidence

Source reference: p. 11, 18
05

Holding

The Gauhati High Court held that the prosecution successfully proved the charges of forceful sexual intercourse and criminal intimidation

The Court affirmed that a conviction for rape can be based on the sole, reliable testimony of the prosecutrix

Source reference: p. 19-20

The Court found no merit in the appeal, upheld the judgment and order of conviction and sentence passed by the Assistant Sessions Judge, Kokrajhar, and dismissed the appeal

Source reference: p. 20
Gauhati High Court

Original Court PDF

Melason MarakvsThe State Of Assam And Anr

Gauhati High Court · April 08, 2026

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