The Madhya Pradesh High Court has upheld the conviction of a man in a rape case despite the victim failing to recognise him.
The district court in Sehore had on August 12, 1997 sentenced Rafiq Khan to 10 years in jail for raping a woman at knife-point on October 28, 1996.
Khan filed an appeal against the trial court's order that same year on the ground that the victim had not recognised him during the trial.
The victim had told the trial court that she was unable to see the face of the perpetrator as he had worn a mask. Her brothers had also said that they had not seen anyone at the crime spot.
However, while filing a police complaint, the victim and her brothers had named the accused as well as identified him, which was corroborated by forensic evidences.
On the basis of the medical report, a single bench of Justice J P Gupta observed that the victim had suffered injuries to her private parts.
The high court also said the accused and the victims undergarments had blood stains of both of them and a forensic examination had confirmed it.
The bench, dismissing Khan's appeal in its order on August 20, said, "Witnesses supported the prosecution story at the stage of examination. Thereafter, cross-examination was deferred. The same was conducted after about five months in which they turned hostile and claimed that statements given earlier were wrong."
"Other material and circumstances available on record corroborate earlier version of the witnesses. The trial court has not committed any error in relying upon the statements of witnesses given at the examination stage," the bench said.
The HC bench cancelled Khan's bail with immediate effect and ordered him to surrender before the trial court.
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