IMPORTANT POINT
The main legal point established in the judgment is the reliance on the sole testimony of the victim in cases of sexual assault, emphasizing the credibility and trustworthiness of the victim's testimony.

JUDGMENT :

Arvind Kumar Verma, J.

1. The appellant has filed this appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, the Cr.P.C.) questioning the impugned judgment of conviction and order of sentence dated 30.09.2023 passed in Special Sessions Case No. 70 of 2021 by the learned Additional Sessions Judge, Fast Track Special Court, Surajpur, District Surajpur (C.G.), whereby the appellant has been convicted and sentenced as under:-

2. Case of the prosecution, in short, is that on 03.09.2021, the applicant/victim has lodged a written report (Ex.P-8) in Police Station – Ramanjunagar to the effect that on 02.09.2021 at around 07.00 pm, while she was washing utensils in the courtyard of the house, the accused entered her house, caught hold of her, dragged her into the bush behind her house covering her mouth with his hand and committed rape on her and when she screamed “Dai-Dai”, save me, her father came and caught the accused after hearing her voice. Based on the written report of the applicant (Ex.P-8), First Information Report No. 153/2021 was registered by Police Station – Ramanujnagar under Section 366, 376(3), 450 of IPC and Section 4 of Protection of Children from Sexual Offences Act, 2012 (for short ‘the POCSO Act’) vide Ex.P-9. Subsequently, on 04.09.2021, after arrest of the accused and completion of investigation, charge-sheet No.128/2021 has been submitted before the concerned trial Court.

3. The learned Special Court framed charges against the appellant under Section 366A, 376(3), 450 of IPC and Section 4 of the POCSO Act, the appellant denied the charges and prayed for trial.

4. Amongst others, the prosecution has exhibited the following documents in support of its case:

- Crime Details Form (Exhibit P/1)

- Property Seizure Memo (Exhibit P/2)

- Consent Letter (Exhibit P/3)

- Spot map (Exhibit P/4)

- Property Seizure Memo (Exhibit P/5)

- Consent Letter of Prosecutrix (Exhibit P/6)

- Punchnama(Exhibit P/7)

- Complaint Letter of Prosecutrix (Exhibit P/8)

- First Information Report (Exhibit P/9)

- Statement of Prosecutrix U/s. 164 of Cr.P.C. (Exhibit P/ 10)

- Order Sheet dated 06.09.2021 of JMFC (Exhibit P/11)

- Memo to Head Master providing of admission discharge register (Exhibit P/12)

- Property Seizure Memo (Exhibit P/13)

- Copy of Admission Discharge Register (Exhibit P/14)

- Supurdnama (Exhibit P/15)

- Certificate (Exhibit P/16)

- Medical Examination Report of Prosecutrix (Exhibit P/17)

- Examination Report of seized Cloth of prosecutrix (Exhibit P/18)

- Medical examination report of accused (Exhibit P/19)

- Examination Report of seized underwear of accused (Exhibit P/20)

- Notice U/s.91 of Cr.P.C. (Exhibit P/21)

- School Certificate of prosecutrix (Exhibit P/22)

- Memo to MO for Medical examination of prosecutrix (Exhibit P/23)

- Memo to MO for examination of seized cloth of prosecutrix (Exhibit P/24)

- Arrest/Court Surrender Memo (Exhibit P/25)

- Information of Arrest (Exhibit P/26)

- Memo to MO for Medical examination of accused (Exhibit P/27)

- Memo to BMO for examination of seized underwear of accused (Exhibit P/28)

- Memo to JMFC requesting to record the statement of prosecutrix U/s. 164 of the Cr.P.C. (Exhibit P/29)

- Memo to Tahsildar requesting for spot map (Exhibit P/30)

- Property Seizure Memo (Exhibit P/31)

- Memo to FSL for Chemical examination of seized articles (Exhibit P/32)

- Receipt of Exhibits (Exhibit P/33)

- Copy of Seized Articles Register (Exhibit P/34)

- Application to Tahsildar furnishing the spot map (Exhibit P/35)

5. In order to bring home the offence, prosecutio