Another submission of learned defence Advocate appearing on behalf of accused that photographs placed on record clearly prove that salwar and underwear of prosecutrix thrown on floor were kept in very orderly manner and one pair of slippers of accused were also kept in orderly manner inside the room clearly prove the case of consent and on this ground appeal filed by State be dismissed is rejected being devoid of any force for the reasons hereinafter mentioned. We are of the opinion that as per Section 59 of Indian Evidence Act 1872, all facts except the contents of documents could be proved by way of direct oral evidence. In present case prosecutrix in her testimony proved beyond reasonable doubt that when accused entered into her room prosecutrix aged 20 years struggled with accused for 10-15 minutes and thereafter accused gagged the mouth of prosecutrix and threw the prosecutrix on bed. It is proved beyond reasonable doubt that thereafter accused who was married person removed the salwar of prosecutrix and underwear of prosecutrix who was aged 20 years and who was student at the time of incident and on these facts testimony of prosecutrix remained unrebutted on record. Even accused did not appear in witness box in order to rebut the above said testimony of prosecutrix. Accused did not appear in witness box as a defence witness as required under Section 315 of Code of Criminal Procedure 1973 in order to rebut testimony of prosecutrix. It is well settled law that photographs are only corroborative evidence in order to prove the facts and it is well settled law that direct oral eye evidence is substantive evidence. It is well settled law that when there is conflict between direct substantial oral evidence and corroborative evidence then direct substantial oral evidence always prevails.
Print Page
Equivalent Citation: 2015CriLJ1812
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Cr. Appeal No. 493 of 2009
Decided On: 08.01.2015
State of Himachal Pradesh Vs. Vipan Kumar
Hon'ble Judges/Coram:Sanjay Karol and Piar Singh Rana, JJ.
