In Brief
A 22-year-old woman was gang-raped by five men on 27 January 2006. The trial court convicted all five accused under Section 376(2)(g) IPC (gang rape) and Section 4 of the Tamil Nadu Prevention of Women Harassment Act. The High Court upheld the convictions. On appeal, the Supreme Court dismissed the appeal by Accused No. 2. Although the victim and her mother turned hostile during cross-examination (after a three-and-a-half-month delay), the Court found the conviction sustainable because the victim's detailed account in examination-in-chief was corroborated by her FIR, her formal statement recorded by a Magistrate under Section 164 CrPC, and medical evidence showing injuries and loss of virginity. The Court held that hostile witness evidence cannot be wholly rejected where relevant parts are supported by credible corroborating evidence.
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