Conviction for rape cannot be based on sole evidence of victim when it is not supported by medical evidence and surrounding circumstances are also highly improbable.

The FIR was lodged by the victim against the accused for allegedly entering into her house and committing rape on her. It was the evidence of the victim and her husband that when the accused was committing rape, husband of victim reached there and saw the incident. Even though all her family members were present at time of incident, yet victim had not raised her voice to alert her family members. The Doctor who examined prosecutrix was unable to find any injury as a result of forcible sexual assault on her body. The trial Court had convicted accused only on the basis of statement of the victim which was ultimately found to be unreliable. From overall analysis of statement of the victim, her husband, medical evidence and other surrounding circumstances the High of Chhattisgarh held that whole incident seemed to be highly improbable and concocted. The Accused was acquitted from the charges of rape.