State Of Rajasthan vs Chatra 2025 INSC 360 - Rape Cases - Silence Of Prosecutrix
Indian Penal Code 1860 - Section 375 - If the prosecutrix is unable to testify, or for some justifiable reason remains unexamined, the possibility of conviction is automatically excluded - The testimony of the prosecutrix is present and forms an essential part of the conviction of an accused, but at the same time, there is no hard and fast rule that in the absence of such a statement a conviction cannot stand, particularly when other evidence, medical and circumstantial, is available pointing to such a conclusion - Further, the silence of a child cannot be equated with the silence of a fully realised adult prosecutrix, which again would have to be weighed in its own circumstances. (Para 17)
Cross Examination - The purpose of cross-examination is to discredit the witness/elicit facts from such person, which may favour the other party, etc. (Para 19)
Rape cases - Child witness - a. No hard and fast rule can be laid down qua testing the competency of a child witness to testify at trial. b. Whether or not a given child witness will testify is a matter of the Trial Judge being satisfied as to the ability and competence of said witness. To determine the same the Judge is to look to the manner of the witness, intelligence, or lack thereof, as may be apparent; an understanding of the distinction between truth and falsehood etc. c. The non-administration of oath to a child witness will not render their testimony doubtful or unusable. d. The trial Judge must be alive to the possibility of the child witness being swayed, influenced and tutored, for in their innocence, such matters are of ease for those who may wish to influence the outcome of the trial, in one direction or another. e. Seeking corroboration, therefore, of the testimony of a child witness, is well-placed practical wisdom. f. There is no bar to cross-examination of a child witness. If said witness has withstood the cross- examination, the prosecution would be entirely within their rights to seek conviction even solely relying thereon. (Para 14)
Code of Criminal Procedure - Section 374- As the First Appellate Court, the High Court is expected to independently assess the evidence before it before confirming or disturbing the findings of the Court below. (Para 6)
Practice and Procedure - Rape cases - The privacy of the unfortunate victim in rape cases to be preserved, even though the restriction does not expressly apply to the High Court or Supreme Court. (Para 7)
