Title:- Manak Chand@mani.  V/s. The State of Haryana                     

Court:- Supreme Court of India

Case No.:- Criminal Appeal No. 2276 of 2014

Decided on:- October 30th,2023

Bench:- Sanjay Kishan Kaul, Sudhanshu Dhulia

Case Summary:

This appeal was filed by the appellant against the orders of the trial court and high court. The case involved an accusation of rape against the appellant by his elder brother’s sister-in-law. She had visited the appellant’s house to assist her sister, the wife of the appellant’s elder brother, who had recently given birth. Allegedly, on September 12th, 2000, when no one else was at home, the prosecutrix was purportedly raped by the appellant for the first time.

Subsequently, this act allegedly occurred two or three more times on different occasions. After returning home, the prosecutrix informed her mother about the incident, leading to a series of discussions within the family. Initially, attempts were made to resolve the matter within the family, including a proposal of marriage between the appellant and the prosecutrix. However, due to the lack of a positive response from the appellant, an FIR was ultimately lodged, albeit with a delay of about 1 ½ years after the alleged offense.

The appellant’s counsel contended that the sexual intercourse was consensual, while the respondent’s counsel argued that the prosecutrix was a minor at the time of the offense, supported by a school register indicating her date of birth as April 4th, 1987.

In the medical examination, it was noted that the prosecutrix exhibited signs of habitual sexual intercourse, and the doctor’s report indicated that she appeared to be a well-built adult female with well-developed secondary sexual characteristics. However, the doctor refrained from conclusively determining her age based on physical indicators.

Court Analysis

The court noted that the testimony of the prosecutrix in a rape case holds significant value, akin to that of an injured witness. While conviction can be based solely on the testimony of the prosecutrix, the court must exercise caution. Citing legal precedents, the court emphasized the need for supporting evidence if the court finds the prosecutrix’s testimony difficult to rely upon.

The court found the school register’s indication that the prosecutrix was present at school on the date of the alleged offense highly suspicious. Additionally, the absence of a bone ossification test report, which could have determined her age, was noted.

Judgment

After considering all evidence and submissions, the court found the prosecution unable to prove that the prosecutrix was a minor. Consequently, giving the benefit of doubt to the appellant, the court acquitted the appellant of the charge of sec.376 IPC.

Potential Insights

What is the evidentiary value of a school register for proving a person’s age in court? What are the major admissible evidences to prove age in court?

Answer: A school register holds limited evidentiary value in court unless testified to by the person who created it. Even after testimony, its value remains minimal. Primary evidence accepted by the court includes birth certificates and matriculation certificates, with medical tests being considered when birth certificates are unavailable. Other government-issued identification documents may also be admissible as evidence of age.

The Hon’ble Supreme Court of India

Written by: Shubham Mishra

Unfold Law