IMPORTANT POINT
The victim's testimony in sexual assault cases is entitled to great weight, and corroboration is not essential for conviction. The court must be sensitive and careful in evaluating the evidence, and if the victim's testimony inspires confidence, it must be relied upon without seeking corroboration. The principles of common intention under Section 34 of the IPC were discussed, emphasizing the simultaneous conscious mind of the persons participating in the criminal action.

JUDGMENT :

Ramesh Sinha, CJ.

1. This appeal arises out of the judgment of conviction and order of sentence dated 11.07.2023 passed by the Additional Sessions Judge, Second Fast Track Special Court, Bilaspur in Special Criminal Case (POCSO Act) No.18/2022, whereby the appellants have been convicted and sentenced in the following manner :

2. The prosecution story, in brief, is that 20.01.2022 at about 11.45 P.M. the father of the prosecutrix lodged the report at Police Station Torwa, alleging therein that on 20.01.2022 at about 7.30 P.M., the prosecutrix was returning from Sai Temple at her house, at that time near Lalkhadan under-bridge, the accused persons took her in field side and committed rape with her by accused Suraj and Mahesh Pasi. During that time, two boys were standing next to her, whom accused Suresh and Mahesh addressed as “Suraj” and “Deepak” and asked them to see that no one came to the spot. After that, all four accused left her and went away. On the basis of complaint of the victim’s father, FIR (Ex.P-17) was registered against the accused/appellants in Police Station Torwa in Crime No.19/2022 under Sections 363, 366A, 376DA of the IPC and Section 5(g)/6 of the POCSO Act. Statement of the prosecutrix was recorded under Section 164 CrPC before the JMFC, Bilaspur vide Ex.P-1. Spot map was prepared by the patwari vide Ex.P-2. Investigating officer also prepared the spot map vide Ex.P-3. Vaginal slides of the prosecutrix was prepared vide Ex.P-5. The appellants/accused were arrested vide arrest memos vide Exs.P-6 to P-9. Accused Suraj Suryawanshi was examined vide Ex.P-10A where the doctor has opined that he was able to perform the act of sexual intercourse. Accused Mahesi Pasi was examined vide Ex.P-11A where the doctor has opined that he was able to perform the act of sexual intercourse. Accused Deepak Kewat was examined vide Ex.P12A where the doctor has opined that he was able to perform the act of sexual intercourse. Accused Suraj Yadav was examined vide Ex.P- 13A where the doctor has opined that he was able to perform the act of sexual intercourse. The prosecutrix was sent for MLC to District Hospital, Bilaspur where Dr.Mamta Saluja (PW-10) examined her vide Ex.P-25 and found following injuries:-

1. Red contusion / swelling was present on the upper lip.

2. There was longitudinal abrasion/scratch mark on the right cheek.

3. There was a linear/lengthwise contusion/swelling in the first part below the knee on the left leg, which the victim was experiencing pain on pressing.

All the above mentioned injuries were of minor nature and occurred within 6 to 12 hours.

Internal examination: The victim’s labia, minora and majora on both sides were fully developed and there was light hair on her private parts. There is no injury mark on the victim’s genitals.

Underwear of accused Suraj Yadav, underwear of accused Mahesh Pasi and pant of accused Suraj Suryawanshi were seized vide Ex.P-14. Seized articles were sent for chemical examination to FSL vide Ex.P-15 and FSL report is Ex.P-16. As per FSL report, in Article A (slides), Article B (underwear of the victim), Article C (underwear seized from accused Suraj Yadav), Article D (underwear seized from accused Mahesh Pasi), Article E (lower paint) seized from accused Suraj Yada