Reliability of prosecutrix testimony in rape conviction failed where medical evidence and surrounding circumstances did not support the prosecution case.

Conviction for kidnapping and rape was examined against the prosecutrix's testimony, medical evidence and surrounding circumstances, but the prosecution case was found unreliable. The prosecutrix's version was treated as improbable in view of admitted enmity, lack of prompt and convincing corroboration, and inconsistencies with the medical record. The medical officer noted no injuries and no spermatozoa on the vaginal smear, while the prosecution also failed to examine the investigating officer or produce the seized clothes for examination. Delay in lodging the FIR and other contradictions further weakened the case, leaving the evidence insufficient to sustain conviction; the conviction was set aside and the accused were acquitted.

---

---

Issues: Whether the conviction for kidnapping and rape was sustainable on the evidence of the prosecutrix, the medical evidence, and the surrounding circumstances.

Analysis: The only direct evidence implicating the accused was the testimony of the prosecutrix, but her version was found improbable and unreliable in the light of the admitted enmity between the parties, the absence of prompt and convincing supporting circumstances, and inconsistencies with the medical evidence. The medical officer found no injury on the prosecutrix and no spermatozoa on the vaginal smear, and the prosecution did not produce the investigating officer or the seized clothes said to have been handed over for examination. The delay in registration of the FIR, the failure to examine material evidence, and the contradictions in the prosecution case weakened the prosecution version. In these circumstances, the evidence was held insufficient to sustain conviction.

Conclusion: The conviction was set aside and the appellants were acquitted.

---