IMPORTANT POINT
Conviction for rape cannot be sustained where no signs of sexual intercourse is seen in victim’s body.

JUDGMENT ON BOARD

Ramesh Sinha, CJ.—The appellant has preferred this appeal under Section 374(2) of Code of Criminal Procedure, 1973 (for short, ‘CrPC’) questioning the impugned judgment dated 28.02.2024 passed by the learned Special Judge (POCSO Act), Mahasamund, District - Mahasamund in Special Session Trial No. H-08/2023, whereby the trial Court has convicted and sentenced the appellant with a direction to run all the sentences concurrently in the following manner :

2. Case of the prosecution, in brief, is that, complainant Mayadhar Sidar (PW-2), who is the father of the victim, lodged a report in the Sankara Police Station on 29.11.2022 that on the night of 17.11.2022, accused - Thandaram Sidar, who is his distant relative, after alluring his minor daughter, aged 14 years, took her away on his motorcycle and after searching for the victim, he went to his house, pacified his daughter and brought her back home. After a few days, on 28.11.2022, when Thandaram again abducted his daughter and was fleeing away, he was stopped by his wife and Dhaneshwar Pareshwar, then the accused threatened them to kill by saying that he would abduct his daughter and take her away. On the report of the complainant, First Information Report was registered in Sankara Police Station under Sections 363, 506 IPC under Crime Number 217/2022. During investigation, the victim told during interrogation that on 24.10.2022, she and her younger siblings were at home, then Thandaram came to their house, when her siblings went out of the house to play, Thandaram threatened her and established forceful physical relations with her and threatened to kill her if she told the incident to anyone. On the night of 17.11.2022, the accused lured her and took her to his village on a motorcycle. The next day his parents brought her back home. After this, Thandaram used to call her and threaten her, “Come with me, otherwise I will kill your family.” After that, on 28.11.2022, Thandaram was again trying to take her away, when her parents caught him. On the basis of the statement of the accused, the offense of Sections 366, 376 of Indian Penal Code and Section 6 of Protection of Children from Sexual Offenses Act, 2012 was added. After obtaining consent from the victim and her father, the victim’s genitals were examined by the doctor. Vaginal slides and underwear obtained after examining the private parts of the victim were confiscated. The accused was arrested and his medical examination was also done. A visual map of the incident site was prepared by the Police and Patwari. The slides and underwear seized in the case were sent to the Forensic Science Laboratory for testing. Thereafter, after recording the statements of the witnesses and completing the investigation process, the charge sheet was presented in the Court of Special Judge (POCSO Act), Mahasamund, District - Mahasamund for trial.

3. So as to prove the complicity of the accused/appellant in the crime in question, prosecution has examined as many as 10 witnesses and exhibited 29 documents in support of its case. Statement of the accused/appellant under Section 313 Cr.PC was also recorded in which he pleaded his innocence and false implication in the case. None has been examined by the accused/appellant in his defence.

4. The trial Court after completion of trial and after appreciating oral and documentary evidences available on record, by the impugned judgm