IMPORTANT POINT
The court established that in cases of sexual assault, the victim's testimony can be sufficient for conviction, even in the absence of corroborative medical evidence, provided it is credible and consistent.

JUDGMENT :

Ashutosh Kumar, J.

1. We have heard Mr. Ajit Ranjan Kumar, the learned Advocate for the appellant and Mr. Dilip Kumar Sinha, the learned APP for the State.

2. The appellant stands convicted under Section 376 of the IPC and Section 6 of the POCSO Act, 2012 and has been sentenced to undergo R.I. for life, to pay a fine of Rs.1,00,000/- and in default of payment of fine, to further suffer S.I. for one year for the offence under Section 6 of the POCSO Act, 2012 vide judgement and order dated 10.04.2018 and 13.04.2018 respectively passed by the learned Additional Sessions Judge-1st, Patna-cum-Special Judge, POCSO, Patna, passed in Special Case No. 33 of 2015 arising out of Khaje Kalan P.S. Case No.143 of 2013. Eighty percent of fine amount has been directed to be deposited in the bank account of the victim, which shall be utilized by her for her future education. In view of the provisions contained in Section 42 of the POCSO Act, 2012, no separate sentence has been awarded under Section 376 of the IPC.

3. The appellant is the father of the victim (P.W. 4) who has alleged that the appellant had been molesting her and had also committed rape with her on 04.07.2013 in the early hours. She could any how save herself and got out of his stranglehold and came to the police station to report about the occurrence. She had been accompanied by her grandmother (P.W. 1), her aunt (P.W. 3) and her cousin (P.W. 5) who are witnesses to the FIR. The younger brother of the victim (P.W. 2) also claims to have seen the appellant making attempts to disrobe and rape the victim. He was aware that the appellant had behaved like that with his sister a number of times in the past. Because of such beastly act of the appellant, the mother of the victim had committed suicide about few months ago.

4. On the basis of the written report by the victim, a case was registered against the appellant vide Khaje Kalan P.S. Case No. 143 of 2013, dated 04.07.2013 under Section 376 of the IPC. Later, Section 6 of the Protection of Children from Sexual Offences Act, 2012 was also added.

5. The Trial Court, after having examined seven witnesses on behalf of the prosecution including the victim, the I.O. and the Doctor and five persons on behalf of the defence, convicted and sentenced the appellant as aforesaid.

6. Mr. Ajit Ranjan Kumar, the learned Advocate for the appellant has urged that though the look of the case is bad but the prosecution has not been able to prove the case beyond all reasonable doubts. He has submitted that there have been glaring lapses on the part of the prosecuting agency which goes to the root of the matter and thereby makes the evidence fall short of a full proof case against the appellant. Though the victim was examined medically but there was no conclusive opinion regarding rape. The appellant but was never subjected to any medical examination. No evidence was brought on record apart from the deposition of the family members of the victim and victim herself about the earlier action of the appellant of molesting his own daughter.

7. According to the prosecution case, it has been argued that the mother of the victim had committed suicide few months ago. She chose to end her life only because she could not control her husband in raping his daughter. It has been contended that if the mother of the victim had committed suicide and if no case by her family members was filed, for sure a U.D. case would have been lodged. It further appears, it has been contended, that the mother of the victim remained alive for few days before she succumbed to the burn injuries. Was she in a position to talk during that period is again a factor which should have been taken into account by the investigating agency. If she had committed suicide out of exasperation in not preventing the appellant from raping her daughter, she would have, for sure, stated that when she was expecting death. No person of the neighbourhood has come to support the prosecution case; on the co