STATE Vs. MADAN LAL

JUDGEMENT

(1.) THIS appeal arises out of a judgment passed by Sessions Judge, Udhampur on 30.1.1988 whereby respondent has been acquitted of a charge under section 376/511, Ranbir Penal Code. BRIEF FACTS:

(2.) RESPONDENT , who was posted as Head Master of Government Middle School Khun, Tehsil Ramnagar, during school hours sent the prosecutrix, Mst, Rajni, aged 13 years, a student of 8th class, to his residence, for cooking his meals. He used to live in a rented house nearby. Accused -respondent during recess period, which fell between 10 A.M. and 11 AM reached his residence. He asked the other two girls, Mst. Sunita and Mst. Krishana, to leave the premises but asked the prosecutrix to stay. When the other two girls left the respondent after using force upon the prosecutrix submitted her to an offence of sexual assault and detained her in the house for four hours. When the prosecutrix reached her house she narrated her story of woe to her mother, Mst. Shakuntala Devi. A report was lodged and case was registered in terms of Sections 376/511, read with Sec. 342 R.P.C. He pleaded not guilty. The prosecution in order to prove the charge examined as many as 24 witnesses, including the prosecutrix. Mst. Rajni. The Trial Court disbelieved the prosecution story and acquitted the accused -respondent. Hence this appeal.

(3.) THE Trial Court while returning the impugned judgment has totally disbelieved the statement of the prosecutrix, because according to the Trial Court bereft of any corroboration same could not be believed. Here in the first instance arises an occasion for us to adjudge as to whether or not in all cases statement of the prosecutrix requires corroboration. The answer to this question will determine the fate of the finding of the Trial Court in this case. The Supreme Court, as back as in 1983 in Bharwade Bhagnidhari Hirji Bhai, reported in AIR 1983 SC 753 signaled of a need for placing reliance on the uncorroborated statement of a prosecutrix. The apex Court impressed by the male predominance existing in our country wanted to believe a prosecutrix, the victim of a sex offence, which is always committed in privacy. Their lordships laid down the following ratio: -