Rape victim's statement is not always truth: SC

New Delhi, Feb 14 (PTI) The Indian Supreme Court has held
that in rape cases the testimony of the victim cannot be
considered to be the gospel truth, though in normal
circumstances her statement has to be relied upon.
A bench of justices H S Bedi and J M Panchal said while
primacy has to be given to victim's statement, there can be no
presumption that she is telling the ultimate truth as the
charge has to be proved "beyond reasonable doubt" as in any
other criminal case.
"We are conscious of the fact that in a matter of rape,
the statement of victim must be given primary consideration.
But, at the same time, the broad principle that the
prosecution has to prove its case beyond reasonable doubt
applies equally to a case of rape and there can be no
presumption that a prosecutrix would always tell the entire
story truthfully," the apex court said in an order.
The court passed the observation while acquitting one of
the three accused Abbas Ahmad Chowdhary charged with raping a
minor girl.
It was the case of the prosecution that on September 15,
1997, the accused-appellants Md. Mizazul Haq, Abbas Ahmad
Choudhury and one Ranju Das (absconding) had raped the victim
after forcibly taking her to a tea estate in Jalalpur. PTI RB
MRD


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