IMPORTANT POINT: It is well-settled principle of law that in cases like rape or outraging the modesty of a women, conviction could be based on the sole testimony of the victim if it inspires confidence and does not suffer from any infirmity.

Rajesh H. Shukla, J.

1. The present appeal is directed against the impugned judgment and order rendered in Sessions Case No. 81/2013 (old Sessions Case No. 29/2013) by the Addl. Sessions Judge, Modasa recording acquittal of the appellant-original accused No. 1 for the offence under sec. 306 and also recording acquittal of original accused No. 2 for the offence under sec. 354, 509. However, conviction is recorded against the appellant-original accused No. 1 for the offence under sec. 354 and 509 of IPC and has also imposed sentence as stated in detail in the impugned judgment and order.

2. The facts of the case briefly summarized are as follows:

"2.1 The complainant victim was residing in the neighbourhood of the accused and whenever she was passing the accused is said to have harassed her by following her and holding her hand suggesting for illicit relationship which was declined by the complainant. The complainant victim is said to have suffered this for long since about 10 years. However, on 3.10.2012 when she had gone out for water and was returning, the appellant original accused No. 1 is said to have caught her hand which was seen by the husband who was also returning after fetching milk. Therefore, there was a quarrel between the complainant and her husband and the appellant who is residing in the neighbourhood is said to have quarreled abusing the deceased husband of the complainant that he is maintaining his wife, that is the complainant, and the deceased husband of the complainant committed suicide by setting himself on fire. He was removed in 108 ambulance to the hospital from Bayad to Modasa to Himatnagar where he succumbed to death. Therefore, a complaint was lodged being FIR No. 70/12 at Bayad Police Station for the offences under sections306, 354,,509 and 114 of IPC.

2.2 After the investigation was over, the charge-sheet came to be filed. However, as the offence are triable by the court of sessions, it was committed to the Court of Sessions.

2.3 In order to bring home the charges levelled against the appellant-accused, the prosecution examined the witnesses including the complainant and other witnesses.

2.4 The learned Addl. Sessions Judge, Modasa proceeded with the trial and recorded the evidence of the prosecution witnesses. After recording of the evidence of the prosecution witnesses was over, the statement of the accused under sec. 313 of Cr.P.C. was recorded.

2.5 After hearing the learned APP as well as the learned advocate for the accused, the learned Addl. Sessions Judge, Modasa, recorded conviction of the appellant original accused No. 1 for the offence under sec. 354 and 509 of IPC as stated in detail in the impugned judgment and recorded acquittal for the offence under sec. 306. Similarly, acquittal was recorded against accused No. 2, wife of the appellant accused qua all the offences.

2.6 It is this judgment and order which has been assailed by the appellant in the present appeal on the grounds as stated in the memo of appeal."

3. Heard learned advocate Ms. Kruti Shah for the appellant-accused and learned APP Shri H.L. Jani for the respondent-State.

4. Learned advocate Ms. Shah referred to the charge and also the testimony of the complainant victim, PW-1 at exh. 11 and her complaint at exh. 12. She submitted that there is inconsistency in her version and the complaint and pointedly referred to this aspect that she has not stated in her testimony about this gesture for illicit relationship as stated in the complaint at exh. 12. Learned advocate Ms. Shah also referred to the testimony of the mother-in-law, PW-2 at exh. 13 and also the testimony of father of the complainant, PW-4 at exh. 16. She submitted that other witnesses are also examined like mother of the victim, PW-6 at exh. 18 and sister of the victim, PW-5 at exh.17. She submitted that they are all interested witnesses as they are related to the victim. Learned advocate Ms. Shah also submitted that the testimony of other witnesses could be said to