Opinion Concurring in Result
DeBruler, J.I agree with the majority that it was not error in this case for the trial court to refuse to give defendant’s tendered Instructions 1 and 2. However, I would resolve appellant’s allegations of error in regard to these instructions against him on a narrower ground than that chosen by the majority.
First, it was not error for the trial court to refuse to give instruction number 1 for the reason that the testimony of the victim in this case is not inherently improbable and her testimony is not uncorroborated. She is supported by the evidence that immediately after the alleged rapist left her home, she immediately called a friend and told her about the attack and approximately an hour later reported it to the police. In addition the victim testified that appellant had told her that he had made his entry through a window. Police photos taken at the scene on the morning of the attack clearly showed that a window screen had been cut around its edges in a manner which would permit a person to enter through it. Second, I would uphold the trial court’s refusal of in*670struction number 2 on the ground that it is misleading and patently ridiculous wherein it justifies the requirement that the rape victim’s testimony be carefully scrutinized upon the phrase “for the reason that the charge is easy to make and hard to defend”. This phrase is nothing more nor less than an ambiguous slogan.
I would specifically leave open the issue of whether or not the substance of these instructions could legitimately be given in a rape case in which the sole evidence of the State was the uncorroborated testimony of the alleged victim and that testimony is highly improbable.
Note. — Reported in 278 N. E. 2d 273.