The sufficiency of solitary evidence in cases of sexual offences and the requirement for consistency and trustworthiness in such testimony.

JUDGMENT

1. Aggrieved by the order of conviction and sentence recorded against him for the offences punishable under Ss. 448, 323, 376, 506 of IPC, the accused in SC No.236/2013 on the file of 5th Addl. District & Sessions Court at Hassan has preferred the above appeal.

2. The appellant was tried in SC No.236/2013 by the trial Court for the offences punishable under Ss. 448, 323, 376, 506 of IPC on the basis of the charge sheet filed by Hassan Rural police in Crime No.70/2004 of their police station. Crime No.70/2004 was registered against the appellant on the basis of the complaint Ex.P1 filed by PW.1.

3. The case of the prosecution in brief is as follows:

(i) The appellant was interested in marrying PW.1 but her family member declined the proposal. On 14/5/2004 at about 7.30 am when PW.1 was alone at Gullenahalli village in her house, the appellant trespassed in to the house, gagged her mouth, dragged her into the house and committed rape on her. He threatened her of her life if she reveals the incident to anybody;

(ii) During the course of the offence, he assaulted her and caused simple injuries. When the appellant was assaulting PW.1, her brother PW.2 came home. On seeing him the appellant fled away. PW.3 is the mother of PW.1. PW.9 is the head constable of Hassan rural police station. PW.9 visited the hospital and recorded the complaint of PW.1 as per Ex.P1. On the basis of Ex.P1 he registered first information report as per Ex.P6.

(iii) PW.9 conducted spot mahazar as per Ex.P2 on 15/5/2004 in the presence of PWs.4 and 5. On 16/5/2004 he handed over further investigation to PW.8 i.e., Police Sub-inspector of Hassan Rural Police Station.

(iv) PW.8 claims to have enquired PW.1 on 22/5/2004 in the police station. Initially first information report was registered for the offences punishable under Ss. 323, 354, 448 and 506 of IPC. On 22/5/2004, the victim allegedly revealed that the accused committed rape on her. He said to have referred her again for medical examination. On such medical examination he claims to have collected material objects from the Medical Officer and sent them to FSL, arrested the accused and collected the wound certificate-Ex.P5 and handed over further investigation to PW.6.

(v) PW.6-Police Inspector of Hassan Rural Police Station collected Ex.P3 the FSL report, Ex.P4 the Khatha extract-Ex.P4 of the scene of offence and filed the charge sheet for the offences punishable under Sec. 323, 354, 448 and 506 of IPC before the Additional civil Judge (Junior Division), JMFC II Court, Hassan.

4. The Magistrate took cognizance of the offences and registered the case in C.C.No.495/2007 and framed charges against the accused for the offences punishable under Ss. 323, 354, 448 and 506 of IPC and proceeded to conduct trial. During trial before the Magistrate, PW.1 deposed that the accused committed rape on her. She further deposed that she did not reveal the offence of rape to her father or before doctor due to embarrassment and she was treated for two days in the hospital.

5. On such development, the Assistant Public Prosecutor filed an application before learned Magistrate under Sec. 323 Cr.P.C., for committal of the case to the Sessions Court. Learned Magistrate committed the case to the Sessions Court. On such committal the matter was registered in S.C.No.236/2013 on the file of V Addl. District and Sessions Judge, Hassan.

6. The learned Sessions Judge on hearing both sides framed charges against the appellant for the offences punishable under Ss. 448, 323, 376 and 506 of IPC. To prove its case, the prosecution examined PW.1 to PW.9 and got marked Ex.P1 to Ex.P6.

7. The trial Court on examining the appellant under Sec. 313 of Cr.P.C., and on hearing both the parties, by the impugned judgment and order convicted the accused for the offences punishable under Ss. 448, 323, 376 and 506 IPC and sentenced him as per th