The Sikkim High Court, on Thursday, remarked that a ruined relationship cannot be ruled out in the case of Makraj Limboo vs. State of Sikkim
By: Megha Ravindran, BBA LLB, Nehru Academy of Law
Justice Bhaskar Raj Pradhan while acquitting a rape accused on the pretext of a promise of marriage, given that statement.
Brief of the case
On 10/01/2018, the victim filed an FIR accusing Makraj Limboo, that she was raped by him and became pregnant and by his advice, she aborted that child. He raped her again.
The Trail Court charged him under section 376(1) of IPC and punished him to seven years of rigorous imprisonment and also fine of Rs. 50,000.
Observation of the court
The Court noted that there is an unjustifiable delay of five years in registering the FIR, so it is equally important to observe and verify her testimony in court.
After referring to the records of FIR and statement of record under section 164 of Cr.PC, Justice Bhaskar Raj Pradhan said that there is a serious inconsistency on the one side and the temperament on the other side.
The court said that “The court can, in a given case, rely upon the sole testimony of the victim if it is safe, reliable and worthy of acceptance and convict the accused. However, it is always prudent for the court to seek corroboration when the sole testimony is the only evidence available.”
The bench further observed that in this case, there is a grave suspicion that the accused had raped the victim but cannot convict the appellant alone on suspicion.
There is evidence that the victim being infatuated with the appellant and also she expressed her wish to marry him. Their physical and sexual relationship was also deposed by many prosecutors and this cannot be the ground of rape.
Justice Bhaskar Raj Pradhan after observing the case finally stated that “the possibility of a relationship gone sour cannot be ruled out.”