the supreme court has held that in rape cases the testimony of the victim cannot be considered to be the gospel truth,though ib normal circumstances her statement to be reiled upon.
A bench of justices HS bedi and JM panchal said while primacy has to be given to victim's staementthere can be no presumption that she is telling the ultimate truth as the charge has to be proved "beyond reasonable doubt" as in any other criminal case."we are consicous of the fact that in a matter of rape, the statement must be given primary consideration.but, at the same time,the broad principle that the prosecution has to prove its case beyond reasonable doubt applies equally to a case of rape and there can be no presumption that a prosecutrix would always tell the entire story truthfully,"the apex court said in an order.
the passed the observation while acquitting one of the three accused abbas ahmad chowdhary charged with paring minaor girl.
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
Views 955 Report