A Victim's Testimony: The Sole Pillar of Justice in a Rape Case.


05 August 2025 Criminal Appeals & Suspension of Sentence >> Criminal Law   |   Rape >> Criminal Law  

In a significant ruling of Deepak Kumar Sahu v/s State Of Chhattisgarh, the Supreme Court of India upheld the conviction of an individual in a sexual assault case, reinforcing a crucial legal principle: the credible testimony of a rape victim, even without corroborating medical evidence, is sufficient to secure a conviction. This judgment underscores the judiciary's sensitive and pragmatic approach to crimes of sexual violence, a departure from the historical demand for external proof that often re-victimizes survivors.

The case, decided on appeal, involved a minor girl and her younger brother who were left alone at home when the accused, a neighbor, entered the house. He sent the younger brother away on a pretext and proceeded to sexually assault the victim. The swift actions of the victim—who immediately confided in her cousin and parents—and the subsequent police report formed the backbone of the prosecution's case.

 

 

The Court's Rationale:

The defense argued for acquittal on three main grounds:
  • The medical report was not conclusive and did not show external injuries.
  • There were minor discrepancies between the testimonies of the victim and her younger brother.
  • The victim's age had not been definitively proven, which would affect the application of the POCSO Act.
The Supreme Court systematically dismantled each of these arguments.

On the age of the victim, the court found a school marksheet from the victim's mother, corroborated by the testimony of both parents, to be conclusive evidence. This established her age as 15 at the time of the incident, firmly placing the case under the purview of the Protection of Children from Sexual Offences (POCSO) Act.

Regarding the medical evidence, the court cited several landmark judgments to reiterate that corroboration is not a prerequisite for conviction in a rape case. The court noted that the absence of external injuries is not a valid reason to dismiss a victim's testimony. It recognized that sexual assault can occur without visible signs of struggle, particularly when the victim is overpowered or gagged. The court referenced the case of Lok Mal alias Loku vs. State of Uttar Pradesh, which held that "it is not necessary that in each and every case where rape is alleged there has to be an injury to the private parts of the victim."

As for the alleged discrepancies, the court dismissed them as minor and insignificant, not affecting the core of the prosecution's narrative. Drawing from the case of Ousu Varghese vs. State of Kerala, the court highlighted that minor variations are often a natural hallmark of truthful testimony. It cautioned against an overly critical approach, which could lead to unjust acquittals.

The Broader Legal Principle:

This judgment is a powerful affirmation of the principle that a victim's testimony, when found to be "wholly probable, natural and trustworthy," can stand on its own. The court emphasized that the testimony of a sexual assault victim should be treated with the same weight as that of an injured witness in a case of physical violence. It also reiterated that the victim of a sexual crime is not an accomplice but a survivor, and her evidence should not be viewed with suspicion.

The court's decision serves as a crucial reminder for the judiciary to adopt a sensitive and empathetic approach, recognizing the profound psychological trauma and harm inflicted by sexual violence. It underscores the responsibility of the justice system to not only punish the guilty but also to ensure that the process does not further traumatize the victim. By upholding the conviction based on the victim's compelling testimony, the court has strengthened the legal framework and sent a clear message that justice will prevail even when the physical scars are absent.


Protection of Children from Sexual Offences Act, 2012  

Section 376., Indian Penal Code - 1860     

Section 450., Indian Penal Code - 1860  

Indian Penal Code, 1860  

Section 164., Code of Criminal Procedure - 1973  

Code of Criminal Procedure, 1973