New Delhi: The Supreme Court has held
that though the testimony of a rape victim has to be given a
predominant consideration, the same can be discarded if the
allegations are found to be improbable and defies logic.
"It is true that in a case of rape, the evidence of
the prosecutrix (victim) must be given predominant
consideration but to hold that this evidence has to be
accepted even if the story is improbable and belies logic
would be doing violence to the very principles which govern
the appreciation of evidence in a criminal matter," the apex
A bench of Justices H S Bedi and Aftab Alam made the
remarks while acquitting Tameezuddin who was convicted and
sentenced to seven years imprisonment for raping a housewife
in Delhi on September 28, 1995. The Delhi High Court had
confirmed the conviction and sentence, after which Tameezuddin
appealed in the apex court.
In the appeal, the convict took the plea that the
medical doctor Charu Lata, who examined the alleged victim,
had found no evidence of rape or any injury on her person. The
laborartory report had, however, revealed the presence of
semen on the vaginal swab and the salwar worn by the victim.
The testimony of certain witnesses were also
unreliable, he submitted.