Delhi High Court on Rape Conviction Appeal: Conviction Upheld, Sentence Reduced.

Headnote:

The Delhi High Court upheld the conviction of the appellant for the offence of rape under Section 376 IPC, holding that the sole testimony of the prosecutrix was reliable and sufficient to sustain conviction. However, considering the long lapse of time, mitigating circumstances, satisfactory jail conduct and the prosecutrix’s statement not to pursue the matter further, the Court reduced the sentence to the period already undergone.

Background:

• FIR No. 221/2002 was registered at PS Delhi Cantt regarding an incident dated 27.06.2002.

• The prosecutrix alleged that the appellant committed rape inside her house at Village Jharera.

• Medical examination and FSL reports supported the prosecution case.

• The Sessions Court convicted the appellant under Section 376 IPC and sentenced him to 10 years’ rigorous imprisonment with fine.

Court’s Observations:

• Sole testimony of the prosecutrix can be the basis of conviction if it inspires confidence.

• Minor contradictions in evidence are not sufficient to discard the prosecution case.

• Absence of external injuries is not decisive in rape cases.

• FSL report detecting semen stains corroborated the version of the prosecutrix.

• Considering the time lapse of over two decades, the appellant’s age, family circumstances, jail conduct, and the prosecutrix’s wish not to pursue the case further, the sentence deserved leniency.

Decision:

• Conviction: Upheld.

• Sentence: Modified to period already undergone.

Legal Provisions Discussed:

• Section 376, Indian Penal Code, 1860

• Section 374(2), Code of Criminal Procedure, 1973

Case: Joginder v. State (NCT of Delhi)

Court: High Court of Delhi at New Delhi

Coram: Justice Rajneesh Kumar Gupta

Date of Decision: 09 December 2025

Criminal Appeal No.: 228 of 2004