Consent obtained through threats does not establish consensual engagement; credible victim testimony supported by evidence can suffice for conviction in sexual assault cases.

Judgment :

Narendra Kumar Vyas, J.

1. The appellant by way of this appeal has challenged the judgment dated 22.12.2004 passed by the Sessions Judge, Jashpur (CG) in Sessions Trial No. 26/2003 whereby and whereunder, appellant has been convicted and sentenced as under :-

2. Briefly stated, the case of the prosecution is that the victim lodged an FIR bearing Crime No. 7/2003 at Police Station Narayanpur, District Jashpur, alleging that on the date of the incident, i.e., on 14.03.2003, her husband had gone to Pandripani for earning his livelihood. As he did not return to his house that night, she went in search of him. While returning to her house, the accused met her in front of her house and told her that he would keep her as his wife and asked her to accompany him. He further threatened that if she raised an alarm, he would kill her. It is alleged that the accused assaulted her by hitting her right knee with the butt of an axe, forcibly lifted her on his shoulder, and took her to the house of his father, Baisakhu, where he threw her inside the house over the wall due to which she sustained injuries on her right ankle, right knee, and elbow, and her glass bangles on the right hand were broken. The accused also entered the house by scaling the wall, removed her clothes, and committed rape upon her thrice at intervals of half an hour and thereafter one hour. At about 3:00 a.m., her husband reached the spot by crossing the wall while searching for her. A brief scuffle ensued between the husband and the accused, however the accused managed to flee from the spot. The husband then brought the victim back to their house. She narrated the incident to Sushil Kumar, Satin, and Bandhanram and thereafter lodged the FIR on 15.03.2003.

3. On the basis of the FIR, the police registered Crime No. 7/2003. After completion of ususal investigation, a charge-sheet was filed. Since, the offence alleged are under Sections 506B, 323, 342 and 376 of the IPC which is triable by the Sessios Court only. Therefore, Learned Chief Judicial Magistrate, Jashpur vide its order dated 14.07.2003 has committed trial to the learned Sessions Judge, Jashpur which was registered as Sessions Trial No. 26/2003. The accused denied the charges and faced trial.

4. To bring home the charges against appellant, the prosecution examined as many as 8 witnesses namely PW/1 the victim, PW/2 Chiththuram, PW/3 Bandhan Ram, PW/4 Sushil Kumar, PW/5 T.R. Rajput, Asstt. Sub Inspector, PW/6 Plasiniyush Toppo, Patwari, PW/7 Dr. Shyamlal Siddarth, Medical Officer, PW/8 Dr. Ms. J. Minj, Medical Officer and exhibited documents Ex.P/1 FIR, Ex.P/2 and P/3 Seizure Memo, Ex.P/4 copy of counter FIR, Ex.P/5 consent of victim for medical examination, Ex.P/6 consent of victim’s husband for medical examination of his wife, Ex.P/7 application for medical examination of the victim to SDM, Ex.P/8 application for medical examination of the victim to Medical Officer, Ex.P/9 Crime Detail Form, Ex.P/10 Seizure Memo, Ex.P/11 Arrest Memo, Ex.P/12 application for medical examination of the accused to Medical Officer, Ex.P/13 & 14 Seizure Memo, Ex.P/15 application for FSL, Ex.P/16 FSL Report, Ex.P/17 Najri Naksa Ex.P/18 Medical report of the accused, Ex.P/19 medical report of the victim. The accused was examined under Section 313 pf the Cr.P.C. and examined one witness DW/1 Madan Ram.

5. Upon appreciation of the evidenc