IMPORTANT POINT
The judgment establishes the principle that in sexual assault cases, the testimony of the victim can be relied upon without corroboration, and societal challenges faced by victims should be considered in evaluating evidence.

JUDGMENT :

Ramesh Sinha, J.

1. Since the aforesaid three criminal appeals have been filed against the impugned judgment dated 30.06.2023 passed by the Special Judge (under Protection of Children from Sexual Offences Act 2012), Link Court of Kunkuri, Pathalgaon, District Jashpur in Special Criminal Case No.05/2021, they were clubbed & heard together and are being disposed of by this common judgment.

2. The appellants have filed these three criminal appeals under Section 374(2) of the CrPC questioning the impugned dated 30.06.2023 passed by the Special Judge (under Protection of Children from Sexual Offences Act 2012), Link Court of Kunkuri, Pathalgaon, District Jashpur in Special Criminal Case No.05/2021, by which they have been convicted for offences under Sections 506 Part II, 394/34 and 376D of the IPC and sentenced to undergo RI for five years and fine of Rs.1000/-, in default of payment of fine to further undergo SI for six months, RI for ten years and fine of Rs.2000/-, in default of payment of fine to further undergo SI for two years and RI for twenty years and fine of Rs.5000/-, in default of payment of fine to further undergo SI for five months.

3. The case of the prosecution, in brief, is that on 2.2.2021 at 19.30 P.M. the victim (PW-1) lodged a report in Patthalgaon Police Station to the effect that she had gone to Pandripani School at 7 A.M. on 2.2.2021. After recess at 1 P.M. she was sitting with classmate Ayush having lunch in Patrapali Chhindbahari forest when at around 3 P.M. 09 boys suddenly came and threatened Ayush, forcibly removed his clothes and asked him to do wrong things with her. Then Ayush replied that he will not do anything wrong, then those persons pushed Ayush and said that you will not do this, they came to an agreement and took the victim towards bush, abusing and beating her, then 05 of them, accused Anil, Nandlal, Manish Lakra and the teenagers in conflict with the law took turns to forcefully rape her by threatening to kill her and held her hands and legs tight and they raped her, they were speaking each other’s name, due to which she knew the names of the accused. They looted the victim’s mobile set Vivo worth Rs.14,000/- and Ayush’s mobile set Vivo worth Rs.18,000/-by threatening to kill her and her classmate Ayush if she told anyone about the incident. After those people left at around 4 P.M. she reached in village Pakarbav along with her friend Ayush and narrated the incident to her parents and parents of Ayush on mobile and had come to police station for lodging the report.

4. On the report of the victim, FIR in Crime No.36/2021 for offence under Sections 294, 323, 506, 392 and 376D of the IPC and Sections 4 & 6 of the POCSO Act was registered by Pathalgaon Police Station vide Ex.P-1 and the case was taken for investigation. On 3.2.2021 statement of the victim was recorded under Section 161 CrPC. Spot map was prepared by the investigating officer vide Exs.P-2 and P-3. Memorandum statement of the victim under Section 164 CrPC was recorded before the Judicial Magistrate First Class, Bagicha vide Ex.P-5. Accused Ashok Lakda, Anil Ekka, Nandlal Kujur, Anup Ekka and Nilesh Lakda were medically examined in which the doctor has opined that they are able to do sexual intercourse vide Exs.P-45 to P-49. Memorandum statements of accused Anil Ekka Ex.P-35 and Nandlal Kujur (Ex.P-36) were recorded. On the memorandum statement of accused Nandlal Kujur, mobile set of VIVO model No.1935 and mobile set of Redmi were seized from him vide Ex.P-37. From father of the injured victim, receipt of mobile and progress report have been seized vide Exs.P-20 and P-20A. From father of Ayush, receipt of mobile was seized vide Ex.P-38. Dakhilkharij register of juvenile were seized vide Exs.P-32, P-64 and P-24. Patwari also prepared spot map vide Ex.P-26 and panchnama vide Ex.P-27. The Executive Magistrate conducted test identification parade vide Exs.P-6 to P-9. Vaginal slides and clothes of the victim were seized and sent