Conviction in sexual assault cases relies heavily on victim testimony, which can be accepted without corroboration if found credible; absence of physical evidence or major injury can lead to acquittal of severe charges.

JUDGMENT :

BIBEK CHAUDHURI, J.

1.We may commence our judgment with the celebrated observation of the Hon’ble Justice Krishna Iyer (as his Lordship then was)-

“Rape is a crime more serious than murder as it destroys the very soul of the hapless female.”

“When a female is raped, what is inflicted is not mere physical injury but a deep sense of some deathless shame.”

2. At the same time, it is our observation that an accused who is falsely implicated in a case of sexual violence is not only socially castigated and declined to accept even by the members of his own family, but he also dies regularly being a victim of a false allegation, suffering conviction and sentence for prolonged period of time until his case is appreciated and re-evaluated by the higher judiciary.

3. Now the facts of the instant appeals.

4. Both the appeals are directed against a common judgment and order of conviction and sentence by virtue of which appellants, namely, Vijay Rai and Santosh Kumar @ J.C.B. were convicted for the offence under Section 376 (D) of the IPC and Section 6 of the POCSO Act. For the offence under (D) of the , they were sentenced to suffer rigorous imprisonment for 20 years each with fine of Rs. 25,000/- each and for the offence under Section 6 of the POCSO Act, they were sentenced to suffer rigorous imprisonment for 10 years with fine of Rs. 10,000/- each in default of payment of fine amount, the appellants were directed to suffer Simple Imprisonment for One month each. For the offence under Section 341 and 323 of the , the appellants were convicted to sentence to suffer imprisonment of one month each and 06 months each respectively.

5. At the outset, it is necessary for us to narrate the prosecution case which was registered as Jandaha P.S. Case No. 56 of 2015 dated 29^th March 2015 under Section 341 /323/376(D) of the IPC and Sections 4 and 6 of the POCSO Act on the basis of a statement made by the victim girl to the SHO Jandaha, P.S. It appears from the FIR that on 29^th March 2015, at about 7:00 PM, the victim girl was present with her father in their grocery shop situated near Hari Prasad Petroleum Pump. At that time, she was feeling nature’s call and took her father’s mobile phone and went to a bushy area by the side of the shop to release herself. When she was sitting to defecate, the appellants and one Munchun Kumar came to her and wrongfully restrained her. She tried to raise an alarm but the said accused persons tied her mouth with the help of her wearing veil (odhna/Dupatta). When she protested, the appellants and the said Munchun Kumar assaulted her with fists and blows causing swelling and bleeding injury on her mouth and other parts of body. She lost her consciousness. Then, the accused persons tried to commit rape upon her. At that time, her father came to the spot. Seeing the father of the victim, the appellants and another accused fled away. However, the villagers and local people chased them and apprehended them. The mobile phone of the victim which she took from her father was recovered from the appellant, namely, Santosh Kumar.

6. The police was informed who came to the spot, recorded the statement of the victim and arrested the accused persons. S.I. Jyoti Kumari of the same P.S. was instructed to investigate into the case.

7. During the investigation, the investigating officer recorded the statement of the witnesses under Sec