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BIRENDRA KUMAR
Sipahi Sah Son of Late Nathuni Sah – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
1. The sole appellant Sipahi Sah faced trial before the learned Special Judge under the Protection of Children from Sexual Offences Act, 2012, at Bettiah the District Headquarter of West Champaran, in connection with Bairiya P.S. Case No.185 of 2015 corresponding to S.G.R. No.62 of 2015 for offences under Section 376 of the Indian Penal Code as well as under Sections 4 and 6 of the POCSO Act.
2. By the impugned judgment dated 17.08.2017 the learned trial Judge found the appellant guilty under each of the aforesaid heads and by order dated 21.08.2017 sentenced the appellant to undergo rigorous imprisonment for ten years and to pay a fine of Rs.25,000/-(Twenty five thousand) for each of the aforesaid offences and the sentences were ordered to run concurrently. In default of payment of fine three months simple imprisonment was ordered for each of the aforesaid offence. The fine amount was directed to be paid to the victim.
3. The prosecution case as disclosed in the fardbeyan of the victim girl, aged about ten years, recorded at her house on 07.07.2019 at 11:15 AM by Sub-Inspector, Sanjay Kumar, in presence of her mother, is that on the same day i.e., 07.07.2015 at about 7:0
The testimony of a victim of sexual assault stands almost on a par with the evidence of an injured witness and does not necessarily require corroboration.
Doctor is not an expert to say whether rape was committed or not. Non-resistance by victim at the time of penetration would not make her a consenting party.
The sole testimony of a victim in sexual assault cases can sustain a conviction if credible, without the necessity for corroboration.
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