IMPORTANT POINT
The sole testimony of a victim in sexual assault cases can suffice for conviction if credible, without needing corroboration unless compelling reasons exist.

JUDGMENT :

Per Ramesh Sinha, Chief Justice

1. Heard Mr. Anil Kumar Gulati, learned counsel for the appellant. Also heard Mr. Sangharsh Pandey, learned Government Advocate, appearing for the respondent/State.

2. This criminal appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) is directed against the impugned judgment of conviction and order of sentence dated 24.01.2024, passed by the learned Special Judge (POCSO) Saraipali, District Mahasamund (C.G.), in Special Criminal POCSO Case No. 17 of 2021, by which the appellant has been convicted for the offences punishable under Section 376(3) of the Indian Penal Code (IPC), under Section 3(2)(v) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short, ‘Act of 1989’) and under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘POCSO Act’) and sentenced him to undergo rigorous imprisonment for 20 years and fine of Rs. 500/-, in default of payment of fine additional rigorous imprisonment for 02 months, sentenced to undergo rigorous imprisonment for life and fine of Rs. 500/-, in default of payment of fine additional rigorous imprisonment for 02 months (all the sentences have been directed to run concurrently).

3. Case of the prosecution, in brief, is that on 22.10.2020, the complainant/victim filed a written complaint (Ex.P/1) at Basna Police Station against the accused/appellant, stating that the appellant came in the marriage of her brother and called her towards the toilet situated in the courtyard and established physical relationship with her, despite her refusal, and had thereby impregnated her and subsequently, the accused/appellant refused to marry her. Based on this complaint, a First Information Report (FIR) vide Ex.P/2 was registered against the accused/appellant. Thereafter, the Investigating Officer visited the crime scene and prepared a crime details form vide Ex.P/3 and a Patwari map (Ex.P/28) as per complainant’s statement. The complainant/victim was then sent for medical examination, and her consent (Exs.P/4 and P/5) was obtained. The Doctor's slide was seized (Ex.P/14), and two semen slides were also seized (Ex.P/12). The birth register of the complainant/victim was seized (Ex.P/10), and her statement under Section 164 of the Cr.P.C. was recorded vide Ex.P/7. The seized properties were sent to the State Forensic Science Laboratory, Raipur vide Ex.P/18, and the accused was arrested vide Ex.P/25 and produced before the Court vide Ex.P/26.

4. After completing the investigation, the charge-sheet was filed before the learned Special Judge (POCSO), Saraipali, District Mahasamund (C.G.) and the case was registered as Special Criminal POCSO Case No.17 of 2021. The statements of witnesses were recorded.

5. Learned trial Court framed charges under Sections 376(3) and 376(2)(n) of the IPC and Section 3(2)(v) of the Act of 1989 and under Section 6 of the POCSO Act read over and explained to the accused, who abjured his guilt.

6. In order to bring home the offence, the prosecution examined following witnesses :-