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Report No. 84

IV. Corroboration

7.14. Corroboration.-

During the debates1 on the motion in the Lok Sabha on the subject of rape, it was also pointed out that for a crime committed some time in the dark hours of night or in the dark corner of a house, it was impossible to get corroboration. It was also suggested that it was time to change the practice in this regard. We have taken note of this aspect, and hope that the amendments recommended by us in the law of evidence, together with the law as expounded by the Supreme Court on the subject of corroboration in two important judgments,2-3 will serve the purpose and advance the cause of justice. The judgments were pronounced in 1952 and 1958, and were followed in later judgments4-5 of 1972 and 1973.

1. Lok Sabha Debates, 28th March, 1980, column 8972.

2. Rameshwar v. State of Rajasthan, AIR 1952 SC 54: 1952 SCR 377: 1952 Cr LI 547.

3. Sidheswar Ganguly v. State of West Bengal, AIR 1958 SC 143: 1958 SCR 749: 1958 Cr LJ 273.

4. Gurcharan Singh v. State of Haryana, AIR 1972 SC 2661.

5. Madho Ram v. State of Uttar Pradesh, AIR 1973 SC 469.

Rape and Allied Offences - Some Questions of Substantive Law, Procedire and Evidence Back

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