The Supreme Court held that a conviction in a rape case does not expressly hinge on the statement of the minor victim or child witness. It can be secured based on other available evidence.
The Rajasthan High Court had acquitted a person, reasoning that the child witness had submitted no statements upon examination. No other testimony was afforded.
The Supreme Court reversed the High Court’s judgement and convicted the accused. It held that the absence of the prosecutrix’s evidence does not always disadvantage the prosecution’s case. Other evidence, including the medical evidence used to convict in this case, is sufficient to secure a conviction.
State of Rajasthan v Chatra
18 March 2025
Citation: 2025 INSC 360 | 2025 SCO.LR 6(3)[13]
Bench: Justices Vikram Nath and Sanjay Karol
Read the Judgment here.
Case Comment:
The child witness (victim), it is true, has not deposed anything about the commission of the offence against her. When asked about the incident, the trial Judge records that ‘V’ was silent, and upon being further asked, only shed silent tears and nothing more. Nothing could be elicited from the testimony regarding the commission of the offence. This, in our view, cannot be used as a factor in favour of the respondent. The tears of ‘V’, have to be understood for what they are worth. This silence cannot accrue to the benefit of the respondent. The silence here is that of a child. It cannot be equated with the silence of a fully realised adult prosecutrix, which again would have to be weighed in its own circumstances. It has been held in Hemudan Nanbha Gadhvi v. State of Gujarat, that a nine-year-old prosecutrix turning hostile would not be a fatal blow to the prosecution case when other evidence can establish the guilt of the accused. In these facts, ‘V’ has not turned hostile. Trauma has engulfed her in silence. It would be unfair to burden her young shoulders with the weight of the entire prosecution. A child traumatized at a tender age by this ghastly imposition upon her has to be relieved of being the basis on which her offender can be put behind bars. Held, The respondent-accused is directed to surrender before the competent authority within four weeks from the date of this judgment, to serve out the sentence as awarded by the learned Trial Court, if not already served.
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Key words/phrases: Rajasthan High Court—acquits accused due to silence of child witness—Appeal to the Supreme Court—Supreme Court sets aside Judgment—Other evidence sufficient to secure conviction—Medical Evidence