Why Chhattisgarh High Court refused to overturn man’s rape conviction

3 min readNew DelhiFeb 4, 2026 03:35 PM IST

While dismissing a man’s plea against his rape conviction, the Chhattisgarh High Court recently observed that the offence of rape is one of the gravest offences against a woman and an affront to womanhood itself.

Justice Narendra Kumar Vyas made the observation while upholding the man’s conviction and sentence for offences under Sections 376 (rape), 506 (criminal intimidation), 323 (causing hurt), and 342 (wrongful confinement).

Justice Narendra Kumar Vyas upheld the man’s conviction.

“Rape is one of the gravest and most heinous offences against a woman. It is an affront to womanhood itself, striking at the core of her dignity, modesty, and honour. The offence inflicts deep and lasting trauma, shattering her sense of self, autonomy, and confidence,” the court observed.

It further noted that such an act amounts to a ‘brutal invasion’ of the fundamental right guaranteed under Article 21 of the Constitution, namely, the right to life with dignity, bodily privacy, and personal liberty.

Background

• It was alleged that the woman while returning to her house met the accused who said that he would keep her as his wife and asked her to accompany him.
• It was further alleged that the man sexually assaulted her.
• The sessions court convicted the man on rape charges. Challenging his conviction, he moved the high court.
• The counsel for the appellant submitted that the survivor was a consenting party and that there was no evidence on record to show that she raised any alarm or resisted.
• It was further argued that her testimony did not inspire confidence as there were contradictions and omissions in her statement.
• The counsel for the state contended that the survivor, in her examination-in-chief, categorically narrated the incident, which remained unrebutted in cross-examination.
• It was submitted that the commission of rape was further corroborated by the FSL report.

Findings

• The evidence brought on record by the prosecution, the victim’s statement narrating how she was subjected to rape on the strength of axe seized by the prosecution, injuries at right knee, back of leg and right elbow in the medical report clearly demonstrate that it was not the case of free consent.
• The presence of human sperm as reflected in the FSL report lends corroboration to the prosecution case.
• Even it is trite law that conviction can very well be recorded on the basis of sole testimony of the victim provided such testimony inspires confidence.
• Since, ample opportunity of explaining was extended to the accused, therefore, there was sufficient compliance of Section 313 (statement of accused) of the CrPC.
• Considering the entire evidence and material on record, the finding of the trial court cannot be found faulty or suffers from irregularity or illegality which warrants interference by this court and the prosecution has proved the case beyond reasonable doubt.

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Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience.

Expertise


Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents.


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