The victim's testimony in sexual assault cases should be weighed on reliability rather than strict corroboration, reflecting the trauma and context of the crime.

JUDGMENT :

Ramesh Sinha, CJ.

1. This appeal arises out of the judgment of conviction and order of sentence dated 19.02.2021 passed by the Special Judge (POCSO Act), Bilaspur (C.G.) in Special Criminal Case (POCSO Act) No. 140/2017, whereby the appellants have been convicted as under:-

2. The prosecution story, in brief, is that the victim lives with her family in village x and studies in class VIII. At the time of the incident, the victim's parents had gone to a brick kiln in Uttar Pradesh to earn a living. At that time, the victim lived at home with her elder sister and brothers. On the night of 18/11/2017 at 08:00 pm, the victim entered the toilet room in the courtyard of her house to defecate, when both the accused Vipin and Sunil caught hold of the victim. Accused Vipin gagged the victim's mouth, then tied her mouth with a handkerchief and her legs with a cloth. Both the accused beat the victim and threatened her with a knife. After this, accused Vipin removed her undergarment (panty) and also removed his underwear and inserted his penis in her urination area. After that, accused Sunil also removed his underwear and inserted it in her urination area. Then hearing the sound of the door, victim’s brother and sister shouted, then the accused Vipin and Sunil opened the door and ran away. Hearing the noise, the neighbors also came to the house. The victim told her neighbour and her siblings about the incident and went to Malhar police post and filed a report about the incident. On the report of the victim, a rural complaint (Ex.P-1) was registered by Malhar police post. The said unnumbered complaint was registered in Masturi police station as numbered Crime No. 493/17 under sections 376-D, 323, 506 IPC and section 4 of the POCSO Act as per First Information Report (Ex.P-17). The case was taken into investigation by Masturi police station.

3. During investigation by Sub Inspector Ram Naresh Gautam (PW 21), preparation of site map (Ex.P-2), preparation of examination form (Ex.P-26) for sending the victim to CHC Masturi for examination on 21/11/2017, preparation of examination form (Ex.P. 27) and (Ex.P-28) respectively for sending the accused to CHC Masturi for examination on 22/11/2017, preparation of examination form (Ex.P-29 and Ex.P-30) for getting the physical examination of the accused done on the same date 22/11/2017, taking of memorandum (Ex.P-20) of accused Vipin Jangde, seizure memo (Ex.P-3) for white colour shirt, black colour leggings, maroon colour under wear of the victim dated 21/11/2017 was seized, after examination of the victim, lady constable Meena Rathore (PW 18) brought the vaginal slide of the victim in a sealed packet given by the doctor and presented it as per Ex.P. 23, vegetable cutting knife was seized from accused Vipin Jangde as per Ex.P. 18, used handkerchief of dull colour and bamboo stick having three knots was seized from accused Sunil Kurre as per Ex.P. 19, one reddish brown colour under wear was seized from accused Sunil Kurre as per Ex.P. 21, one henna coloured under wear was seized from accused Vipin Jangde as per Ex.P. 22, statements of witnesses were recorded, the accused were arrested on 21/11/2017 as per arre