The sole testimony of a victim in sexual assault cases can suffice for conviction if it is credible and inspires confidence, without needing corroboration.

JUDGMENT :

(Per Dr. Neela Gokhale, J.)

1. The correctness of the judgment and order dated 8^th November 2017 (impugned judgment) passed by the Additional Sessions Judge, City Civil and Sessions Court, Borivali Division, Dindoshi is assailed in this Appeal. By the impugned judgment, the sole accused stands convicted for the offences punishable under Sections 363, 366A and 376(2)(f) of the Indian Penal Code. For the offence punishable under Section 363 of the Indian Penal Code, he is sentenced to suffer rigorous imprisonment (RI) for two years and to pay a fine of Rs.1,000/- and in default of the same suffer R.I. for two months. For the offence punishable under Section 366A of the IPC, he is sentenced to suffer RI for five years and to pay a fine of Rs.3,000/- and suffer RI for four months in default. For the offence punishable under Section 376(2)(f) of the IPC, he is sentenced to suffer RI for life and to pay a fine of Rs.10,000/- in default of which, suffer RI for one year. The sentences are to run concurrently. Since the Appellant is in jail from the date of his arrest, i.e., 27^th June 2012, set off is granted against the sentence already undergone. An amount of Rs.7,000/- realized from the fine, is directed to be paid to the prosecutrix (victim), towards compensation.

2. The facts leading to the present Appeal are as follows:

(a) The Complainant is one Khandu Totaram Ranshing, a labourer residing at Dhobi Ghat, Dahisar, Mumbai on the footpath. He was serving in the Bombay Municipal Corporation as a contract worker engaged to clear gutter and nala. He has three daughters and two sons, the youngest daughter, the victim, being 4 years of age at the time of the incident.

(b) On 26^th June 2012, at about 21:30 hours, the victim went to purchase some snacks near their house and did not return. Her family members and neighbors started searching for her. At 23:30 hours, the Appellant then aged 20 years came to the complainant’s house with the victim. The complainant took his daughter from the Appellant and noticed that she was bleeding heavily from her private parts. The Appellant explained that he found the victim sitting with a stranger at a bus stop near the railway station and was crying. The Appellant claimed to have assaulted the stranger who ran away. Thus, the Appellant brought the victim to the complainant’s house.

(c) The Complainant along with his neighbour went to the MHB Colony Police Station and narrated the incident to the police. The police immediately sent the victim to Bhagwati Hospital for medical treatment. Thus, an FIR was registered by the police bearing C.R.No.150 of 2012 dated 27^th June 2012 for the offences punishable under Section 363 and and 376 of the IPC.

(d) Upon completion of investigation, a report dated 21^st September 2012 was filed under Section 173 of the Code of Criminal Procedure (Cr.P.C.). The Appellant was charged under Sections 363, 366A and 376(2)(f) of the IPC.

(e) Upon committal, charge was framed against the Appellant. The Appellant entered a plea of ‘not guilty’ and claimed to be tried.

(f) The prosecution examined 14 witnesses. The defence did not lead any evidence. After the prosecution’s evidence, examination of the Appellant under Section 313 of the Cr.P.C. followed.

(g) Vide judgment and order dated 8^th November 2017, the Additional Sessions Judge convicted the Appellant and sentenced him as noted in paragraph No.1 herein above. Being aggrieved by the same, the Appellant preferred the present Appeal.

3. The witnesses examined by the prosecution are as under:

PW/1 : Father of the victim

PW/2 : Mother of the victim

PW/3 : Victim

PW/4 : Prakash Ramdas Chavan, Panch of Spot Panchanama

PW/5 : Anil Suresh Hatangale, Panch of Seizure of Clothes of Victim and Informant.

PW/6 : Prabha Shivdas Khalse, Witness present at the house of Informant (Hostile)

PW/7 : Shantaram Motiram Chavan, Panch of arrest of Appellant and seizure of his clothes.

PW/8 : Dr. Priyanka Unday Honavar, Medical Officer at Bhagwati Hospital,