In rape cases, victim's testimony must be credible and reliable; inconsistencies can undermine a conviction.

JUDGMENT :

SHAILENDRA SINGH, J.

The instant appeal has been filed by the appellant against the judgment of conviction dated 02.11.2013 and order of sentence dated 07.11.2013 respectively passed by the court of Learned Additional Sessions Judge-II, Katihar in Sessions Trial No. 188 of 2010 arising out of Complaint Case No. 1456 of 2007. By the impugned judgment the appellant has been convicted for the offence punishable under Section 376 of the Indian Penal Code (in short ‘IPC’). By the impugned order of sentence he has been sentenced to undergo rigorous imprisonment for seven years for the offence punishable under Section 376 of the IPC.

2. Here it is relevant to mention that the appellant and other two accused persons namely Bhudev Singh and Bhulia Devi were also charged for the offences punishable under section 313 and 504 read with section 34 of the IPC and they were acquitted of the said charged offences.

Prosecution story

3. The prosecution story appearing from the victim’s complaint in brief is as follows:-

As per the victim (examined as PW-4) on 28.02.2007 her father had gone outside her village to earn livelihood and her mother had also gone to the house of her elder sister. On that day at about 5:00 PM the accused/appellant entered into her house and firstly inquired about her parents and when she told him that her parents were not in the house at that time then the appellant asked her to come to his house situated nearby the victim’s house and when she refused to accept the request of the appellant then he (appellant) forcibly lifted her up but that act of the appellant was resisted by her after that the appellant started assaulting her by using fist and leg and also tied her mouth with towel and thereafter the appellant forcibly took her in his house, at that time the other accused, the parents of the appellant (now acquitted) were not present, thereafter, the appellant compelled her lie on the bed and removed her clothes and committed rape with her after making her nude. As per the victim, after commission of the rape the appellant asked her to flee away to her home then she started weeping and thereafter the other co-accused reached there who also threatened her and made her wear her clothes and said her not to disclose the occurrence to anyone. Thereafter, when she started coming in weeping condition her neighbours came there and asked her about the occurrence and on that very day her parents also returned back to home in the night at 8:00 PM and finding her sleeping in disturbed position asked her about the occurrence then she told them about the occurrence. As per the victim/complainant in respect of the occurrence her father convened a panchayat meeting on 01.03.2007 in the evening at 4:00 PM in the village. In that panchayat meeting the appellant participated and accepted his wrong then the co-accused (appellant’s parents) made a proposal to marry the victim with the appellant and also sought three months time to fulfill the said proposal that was given to the appellant. In the meantime, she became pregnant and on 24.5.2007 the accused finding her alone in her house persuaded her to come with them to their house and also took her on the pretext of curing her stomach pain and gave her some medicine which caused abortion to her. When her parents returned and saw her deteriorating health condition then she told them about the happening of abortion to her. After that her parents made a complain to the accused who said to them not to worry as the appellant was going to marry the victim and everything would be well but thereafter t