Conviction for rape can be upheld solely on victim's testimony if credible; minor's status under POCSO necessitates stringent punishment.

Judgment :

Per, Bibhu Datta Guru, J.

1.Heard Mr. Ramsajiwan, learned counsel, appearing on behalf of the appellant as well as Mr. Sakib Ahmed, learned Panel Lawyer appearing on behalf of the State/respondent.

2. This appeal is directed against the judgment of conviction and order of sentence dated 26.04.2023 passed by the learned Upper Sessions Judge F.T.S.C. (POCSO) Manendragarh District Korea (C.G.) in Special Crime No. 39/2019, whereby the appellant has been convicted and sentenced as under:-

3. Case of the prosecution, in brief, is that that on 09.01.2019, while the victim was returning home after purchasing tea leaves from a shop, the accused intercepted her, caught hold of her hand, gagged her mouth, and dragged her to a nearby field, where he removed her knickers and committed rape upon her three times consecutively despite her cries and pleas for release. After about an hour, the accused let her go, and she returned home. Thereafter the FIR was registered and the criminal law was set into motion. During course of investigation, Spot Map (Ex.P/2) was got prepared. Prosecutrix got medically examined vide Report (Ex.P/11). Accused was apprehended and statements of the witnesses including the prosecutrix was recorded by the police as well as before the Judicial Magistrate under Section 164 CrPC. Upon completion thereof, charge-sheet was submitted accordingly. After framing the charges against the accused/appellant, the charges were read out and explained to the appellant, he denied committing the crime and demanded trial.

4. In order to bring home the offence, the prosecution has examined 17 witnesses in its support. Statement of the accused/appellant under Section 313 Cr.P.C was recorded, wherein he has pleaded his innocence and false implication in the matter.

5. The trial Court after appreciating oral and documentary evidence available on record, by its judgment dated 26.04.2023 convicted and sentenced the appellant as mentioned in paragraph two of this judgment. Hence, this appeal.

6. Learned counsel for the appellant submits that the conviction is contrary to the facts, evidence, and material on record, and is liable to be set aside. It is contended that the appellant, a 21-year-old student, has been falsely implicated on the basis of false and baseless allegations, and the prosecution has failed to prove the case beyond reasonable doubt. The trial court relied on the testimony of interested and unreliable witnesses, which suffers from material contradictions and omissions. He further submits that the essential ingredients of the offences under Sections 341 and 376(2)(n) IPC have not been established, and the judgment and sentence are illegal, arbitrary, and unsustainable in law. He also submits that no adverse finding was given in the FSL report, benefit whereof should be extended to the accused.

7. On the other hand, learned counsel for the State opposes the submissions made by the learned counsel for the appellant and submits that the prosecution has proved its case beyond reasonable doubt and the learned trial Court after considering the material available on record has rightly convicted and sentenced the appellant, in which no interference is called for.

8. We have heard learned counsel for the parties and considered their rival