01Facts
The victim was taken by her father to the appellant, a traditional healer (Kabiraj), for jaundice treatment
p. 2On the appellant's advice, the victim stayed at his residence for continued treatment
p. 3During this period, the appellant forcefully raped the victim and threatened her with dire consequences if she disclosed the incident
p. 3, 13The matter surfaced several months later when the victim’s aunt noticed her physical transformation due to pregnancy (27 weeks)
p. 3, 14A village bichar (arbitration) was held where the appellant allegedly confessed and agreed to pay a fine but subsequently fled the village
p. 12, 15The appellant was convicted by the Assistant Sessions Judge, Kokrajhar, under Sections 376, 420, and 506 of the IPC
p. 2The appellant challenged this conviction, alleging the relationship was consensual and that the case was fabricated to settle a land dispute
p. 4, 902Issues
i.1. Whether the sexual relationship between the appellant and the victim was consensual or constituted rape under Section 376 of the IPC
p. 4, 16ii.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
p. 5, 18iii.3. Whether the defense plea regarding a false implication due to a land dispute was substantiated
p. 9, 1703Law Applied
Sections 376 (rape), 420 (cheating), and 506 (criminal intimidation) of the Indian Penal Code
p. 2The 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.
p. 18State of Himachal Pradesh v. Raghubir Singh
p. 19Distinguished 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
pp. 5, 6, 6-7Provisions in the judgment · 9 · Linked ones open on LawLens
Indian Penal Code, 1860 Section 90Section 354Section 375Section 376Section 420Section 506
Code of Criminal Procedure, 1973 Section 161Section 164Section 313
04Reasoning
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)
p. 16The Court observed that the victim stayed at the appellant’s house for medical reasons, and there was no evidence of a prior romantic involvement
p. 16While medical evidence did not show marks of violence, the Court found this expected given the 27-week delay between the incident and the examination
p. 17The 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
p. 15, 17The 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
p. 17, 18The prosecutrix’s testimony was found to be consistent, reliable, and worthy of credence across her Section 161 and 164 CrPC statements and trial evidence
p. 11, 1805Holding
The Gauhati High Court held that the prosecution successfully proved the charges of forceful sexual intercourse and criminal intimidation
p. 20The Court affirmed that a conviction for rape can be based on the sole, reliable testimony of the prosecutrix
pp. 19-20The 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
p. 20Original Court PDF
Melason MarakvsThe State Of Assam And Anr
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