Supreme Court: Sole evidence of sexual assault is enough for conviction of accused

Oct23,2020 #SUPREME COURT
SUPREME COURT OF INDIA LAW INSIDER IN

By Diksha-

A three-Judge Bench of Supreme Court led by Justice Ashok Bhushan held on Thursday that the sole and trustworthy evidence of sexual assault victim is enough for conviction of an accused person.

The Court said, “A woman, who is the victim of sexual assault, is not an accomplice to the crime but is a victim of another person’s lust and, therefore, her evidence need not be tested with the same amount of suspicion as that of an accomplice.”

The case pertained to sexual assault of a 13-year old girl where the assailant was held guilty under the Protection of Children from Sexual Offences Act (POCSO) by sole evidence of the girl although her mother had turned hostile.

The Madras High Court had also upheld the conviction of the accused on appeal.

Justice M.R. Shah stated that there have been a plethora of cases where the Supreme Court has held that the evidence of a sexual assault victim is enough for conviction and should not be corroborated unless there are serious contradictions against it.

The Judgment of the Court read, “To hold an accused guilty for commission of an offence of rape, the solitary evidence of the prosecutrix is sufficient, provided the same inspires confidence and appears to be absolutely trustworthy, unblemished and should be of sterling quality.”

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