Rape conviction sustained on prosecutrix testimony, corroborating medical evidence, and admissibility of a medical certificate as primary evidence.

Reliable testimony of the prosecutrix, supported by her mother, village witnesses and medical findings of torn hymen, vaginal bleeding and injuries, was sufficient to sustain a conviction for rape under Section 376 IPC. The medical certificate was admissible because it was a carbon copy made in the ordinary course of professional duty and therefore constituted primary evidence. No material delay in lodging the report was found, as the family first approached village elders and the Sarpanch before contacting police the next morning. The plea of false implication and absence of spermatozoa did not create reasonable doubt, and the conviction and sentence as modified by the HC were left undisturbed.

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Issues: Whether the prosecution evidence established the offence of rape and sustained the conviction under Section 376 of the Indian Penal Code, 1860; whether the medical certificate could be proved in evidence through another witness under the Indian Evidence Act, 1872; and whether the delay in lodging the first information report or the plea of false implication created reasonable doubt.

Analysis: The prosecutrix's version was found consistent with the contemporaneous report and was supported by her mother, other village witnesses and the Sarpanch. The medical evidence showed torn hymen, vaginal bleeding and injuries consistent with sexual assault, and the medical certificate was held admissible because it was a carbon copy prepared in the ordinary course of professional duty and therefore amounted to primary evidence. The Court found no material delay in reporting, as the family first informed the mother and village elders, then the Sarpanch, and the police was approached the next morning. The plea of enmity and false implication was rejected for want of supporting material, and the absence of spermatozoa was held insufficient to discredit the prosecution case.

Conclusion: The conviction under Section 376 of the Indian Penal Code, 1860 was upheld and the defence objections were rejected.

Final Conclusion: The appeal failed on merits and the conviction and sentence as modified by the High Court were left undisturbed.

Ratio Decidendi: A conviction for rape can be sustained on the reliable testimony of the prosecutrix and corroborating circumstances, and a properly proved medical certificate prepared in the ordinary course of professional duty is admissible as primary evidence.

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