Point of Law: Reliance can be based on the solitary statement of a witness if the court comes to the conclusion that the said statement is the true and correct version of the case of the prosecution.

JUDGMENT :

This appeal is directed against the judgment of conviction and order of sentence rendered by the Court of the Addl. Sessions Judge (Fast Track Court), Chitradurga in S.C.No.23/2011 dated 30.06.2011, convicting the accused for offences punishable under Sections 366A and 376 of the IPC, 1860 and sentencing him to undergo simple imprisonment for five years and to pay a fine of Rs.5,000/-and in default of payment of fine, to undergo simple imprisonment of another six months in respect of each of the offences punishable under Sections 366-A and 376 IPC, with a further direction that both sentences shall run concurrently. This appeal is filed seeking for consideration of the grounds urged in this appeal and consequently to set aside the judgment of conviction and order of sentence rendered by the Trial Court and consequently to acquit the accused for offences punishable under Sections 366A and 376 of the IPC, 1860.

2. Heard the learned counsel Shri S.B. Pavin for the appellant and the learned HCGP for the State who are present before court physically. Perused the judgment of conviction and order of sentence rendered by the Trial Court in S.C.No.23/2011 dated 30.06.2011 and perused the evidence of PW-1 to PW-20 and so also several documents at Exhibits P1 to P11 and MO-1 to MO-4.

3. Factual matrix of this appeal is as under:

It transpires from the case of the prosecution that on 19.02.2010 at around 9.00 a.m., the accused is said to have induced the complainant / victim who used to come to Shri Siddarameshwara High School situated at Chikkajajuru in the limits of Chitradurga District. He is said to have induced the victim in front of the auto stand situated at Chikkajajuru and forcibly he had taken the victim girl to Bangalore by assuring her that he would look after her well. Saying so, he had taken her to Bengaluru by intercity train. Subsequent to reaching Bangalore, they had stayed in Krishna Reddy Building situated at Thirupalya, Bangalore in Room No.20 belonging to his friend, in between 19.02.2010 to 26.02.2010. It is further alleged that during the stay in the room of his friend, that he had committed sexual intercourse on the victim girl. In pursuance of the act of the accused, on filing of a complaint by the complainant, criminal law was set into motion by registering the case by recording an FIR as per Exhibit P5 for offences reflected in the First Information Report and the report has been recorded based upon the complaint filed by PW-4 who is the victim.

4. Subsequent to registration of the crime, the I.O. has taken up the case for investigation and investigated the case thoroughly and during investigation, the I.O. has recorded the statements of witnesses and so also drew the spot mahazar at Exhibit P3 which bears the signatures of PW-5, PW-6 and PW-20 and also drew the seizure mahazar at Exhibit P7 which bears the signatures of PW-12 and PW-14. Another spot mahazar at Exhibit P8 has been drawn by the I.O. which bears the signature of PW-13 at Exhibit P8(a). In addition to these mahazars, the statements of witnesses were recorded by the I.O. inclusive of securing the Medical Certificate at Exhibit P10 issued by PW-18 and so also the medical report of the accused issued by PW-11 as per Exhibit P6, and thereafter the I.O. laid the charge-sheet against the accused before the court having jurisdiction. Subsequent to laying of charge-sheet by the I.O. against the accused, the case was committed by the Committal Court by passing an order as under Section 209 of the Cr.P.C. whereby the accused was to face trial before the Sessions Court in S.C.No.23/2011.

5. Charges were framed against the accused, whereby the accused declined the charges but claimed to be tried for the offences. Accordingly, it was recorded. Subsequent to framing of the charges against the accused, the prosecution let in evidence by subjecting to examination PW-1 to PW-20 and got marked several documents at Exhibits P1 to P11 and so also got marked MO-