Court upheld conviction for attempted sexual assault based on corroborative testimony despite victim's disabilities, emphasizing reliability of witness accounts.

JUDGMENT :

V. SRISHANANDA, J.

1. Heard learned counsel Sri Shivakumar Malipatil for the appellant-accused and learned High Court Government Pleader Smt. Arati Patil for the respondent-State.

2. The appellant/accused who suffered an order of conviction in S.C. No.75/2014 on 29.07.2019 by the District and Sessions Judge, Yadgir, (for short ‘Trial Court’), for the offences punishable under Section 511 read with Section 376 and Sections 342 and 447 of IPC, is before this Court praying to set aside the same.

3. By the impugned judgment and order, the appellant is sentenced as under:

“The accused is sentenced to rigorous imprisonment for three and half years and Rs.3,000/- fine in default of payment of fine he shall undergo simple imprisonment for three months for the offence under Section 511 R/w Section 376 of INDIAN PENAL CODE .

Further, accused is sentenced to simple imprisonment for six months for the offence under Section 342 of INDIAN PENAL CODE .

Further, accused is sentenced to Simple imprisonment for three months for the offence under Section 447 of INDIAN PENAL CODE .

A set off be given for the period of stay by accused in Judicial Custody.

All the sentences shall run concurrently.”

4. Facts in the nutshell for the disposal of the present appeal are as under:

4.1 On 18.12.2013 a complaint came to be lodged by the complainant at 6.15 p.m., with Shorapur Police Station stating that he is resident of Konal Village of Surpur Taluka and eking out his livelihood by agriculture. His junior aunt was residing with him. He had given shelter to her and she being the spinster was also deaf and dumb.

4.2 It is further alleged that on 17.12.2013 as usual victim lady had been to agricultural land and was plucking the grown up cotton from the crops. At about 2.00 p.m., taking advantage of loneliness of the victim lady, accused trespassed into the agricultural land of the complainant and tied the hands and legs of the victim lady and tried to commit forcible sexual intercourse with her.

4.3 Per chance, the complainant who carried the lunch box to the land has seen the attempt made by the accused and on seeing the complainant, accused ran away from the spot. After taking the help of the neighbours, the hands and legs which were tied with the rope has been freed and victim lady was rescued. Victim lady explained the incident with the ‘sign’ language and later on complaint came to be lodged.

4.4 The Police registered the case and after thorough investigation filed the charge-sheet for the offences punishable under Sections 447 , 342, 354 of IPC and Section 511 read with Section 376 of IPC.

4.5 Presence of the accused was secured and charges were framed. Accused pleaded not guilty, therefore, trial was held.

4.6 In order to establish the case of the prosecution, in all eight witnesses were examined as PWs.1 to 8 and eight documents were also placed on record by the prosecution which were exhibited and marked as Exs.P1 to P8. Prosecution also marked MO.1 - Veil worn by the victim lady on the date of the incident and the towel as MO.2.

4.7 On conclusion of recording of evidence, the learned Trial Court recorded the accused statement as is contemplated under Section 313 of Cr.P.C., wherein, accused has denied all the incriminatory materials that were put to him.

4.8 Based on the material evidence on record, arguments were addressed by both the sides. Thereafter, the learned trial Judge on cumulative consideration of the material on record taken note of the fac