IMPORTANT POINT
The importance of reliable and consistent evidence, the need for corroboration of the victim's testimony, and the requirement for scientific examination of evidence in cases of sexual assault.

JUDGMENT :

Chakradhari Sharan Singh, J.

By the impugned judgment and order dated 28.06.2016/30.06.2016, passed by learned Ist Additional Sessions Judge, Bhojur, Ara in Sessions Trial No. 53 of 2015, arising out of Jagdishpur P.S. Case No. 321 of 2014, GR. No. 5172 of 2014, the appellants have been convicted and sentenced as under:

2. The name of the victim is not being disclosed in the present judgment that has been referred to and described as the victim/ PW-2.

3. We have heard Mr. Ajay Kumar Thakur, learned counsel for the appellant in Criminal Appeal (DB) No. 774 of 2016, Mr. Bijendra Kumar Singh, learned counsel for the appellant in Criminal Appeal (DB) No. 777 of 2016 and Mr. Dhananjay Singh, learned counsel for the appellant in Criminal Appeal (DB) No. 780 of 2016. Mr. Dilip Kumar Sinha, learned Additional Public Prosecutor has represented the State in Criminal Appeal (DB) No. 774 of 2016, Ms. Shashi Bala Verma, learned Additional Public Prosecutor in Criminal Appeal (DB) No. 777 of 2016 and Mr. Abhimanyu Sharma, learned Additional Public Prosecutor in Criminal Appeal (DB) No. 780 of 2016.

4. A written report of the informant (PW-2) dated 13.11.2014 addressed to the Inspector of Police-cum-Station House Officer, Jagdishpur Police Station received at 08:30 P.M. on the said date, is the basis for registration of the concerned police case i.e. Jagdishpur P.S. Case No. 321/14, disclosing commission of the offences punishable under Sections 376(i), 376 (ii) (k)/34 of the I.P.C. She asserted in her written report that on 07:00 P.M. on 13.11.2014, she had gone to an orchard belonging to one Baban Choudhary (not examined), resident of Purana Pokhar, Jagdishpur for easing herself. After having eased herself when she was returning at 07:30 P.M., the accused persons namely (1) Raju Choudhary, son of Lakshman Choudhary (2) Dharmendra Ravani @ Chirai, son of Rajendra Ravani (3) Rajesh Choudhary @ Karu Choudhary (appellant in Criminal Appeal (DB) No. 774 of 2016), son of Rashbehari Choudhary, all residents of Mohalla Purana Pokhara, Ward No. 11 (4) Mukesh Choudhary, son of Hansraj Choudhary, Ward No. 11, Purana Pokhara (Kurmi Tola), Jagadishpur (5) Awadhesh Yadav (appellant in Criminal Appeal (DB) No. 777 of 2016), son of Vishwanath Yadav, resident of Middle School, Bishen Tola (Sabji Market near School), Jagadishpur, Ward No. 13 and (6) Anil Paswan (appellant in Criminal Appeal (DB) No. 780 of 2016), son of Dular Paswan, resident of Badhai Tola, Jagdishpur, Ward No. 13, came and caught her from behind and forcibly dragged her into the orchard. In the process of forceful pulling, she got scratches in both of her hands. In the orchard, all of them, after putting off her salwar committed rape upon her. On her screams, persons from the neighborhood and her family members assembled there, to whom she explained the entire occurrence.

5. It can be easily gathered from the victim’s narration of the case in the F.I.R. that the victim had the knowledge not only of the names of the accused persons but also their parentage and their respective addresses with ward numbers, as well. The rec