Holding that the judiciary cannot remain a mute spectator when a victim in a criminal offence compromises with the accused to protect the perpetrator of a crime, the Supreme Court has said that a rape survivor can be prosecuted for turning hostile to protect the accused when there is convincing evidence to prove the guilt.

A bench of Justices Ranjan Gogoi, Navin Sinha and KM Joseph said that a person could be convicted even after the rape victim gave a clean chit to the accused on the basis of other evidences including the medical report.

It awarded ten year imprisonment to an accused in a rape case even after the victim had turned hostile and took the stand that she was not raped.

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