The testimony of a victim in sexual assault cases can be sufficient for conviction if corroborated by credible evidence, including medical reports.

JUDGMENT :

(ILESH J. VORA, J.) :

1. This conviction appeal has been preferred at the instance of appellant convict.

2. The present appeal under Section 374 of Code of Criminal Procedure, 1973 (Old) is against judgment of conviction and order of sentence passed by the Sessions Court, Gondal, Rajkot in Sessions Case No.18 of 2012, wherein, the appellant came to be tried for offences punishable under Sections 363, 366, 376 and 506(2) of the Indian Penal Code, 1860 (Old). At the end of the trial, the appellant came to be convicted for offences punishable under Sections 363, 366, 376, 506(2) of the IPC (old) and sentenced as under:

The judgment was rendered on 14.03.2013 and all sentences were ordered to run concurrently.

3. We have heard learned counsel Mr.P.V. Patadiya appearing for and on behalf of the convict-appellant and Mr.L.B. Dabhi, learned Additional Public Prosecutor for the respondent – State.

4. The case of the prosecution as unfolded in the course of trial is that the mother of the victim Sardaben originally belongs to Dist: Junagadh. However, at the relevant time of the incident, she settled at Gondal and doing labour work in nearby area. The accused Yunush Satar Sha belongs to Junagadh. He used to come at the house of Sardaben. On 09.07.2010, the accused came to house of Sardaben and stayed there for a day. On 10.07.2010, when Sardaben went to the market to purchase a grocery, the accused lured the victim aged about 14 years old and he promised that he will pay Rs.200/- and also arrange for wheat. The victim i.e. daughter of Sardaben went with the accused to accompany of accused and they came to Junagadh. On the second day, the accused taken the victim at the dilapidated room near the railway crossing, Dhoraji Road. The accused asked for sexual favour for which the victim has refused. On refusal, the accused beaten her by slapping and threatened that if she would not permit him for intercourse, she will be killed. On that day, he twice made intercourse, as a result, the victim sustained injuries on her external and internal parts of the body. Thereafter, the accused left her at the Gondal Highway Road. The victim reached at the home. The mother Sardaben was in search of the victim and after seeing the victim at the home, she asked that where she had gone. The mother noticed the bloodstain on the cloths of the victim. The victim thereafter narrated the entire incident of rape allegedly committed by the accused. The mother consulted her brother. She had gone at Junagadh where she lodged an FIR against the accused. The FIR transferred to Gondal Taluka Police Station. After completion of the formalities of the registration of the offence, the investigation being undertaken by Gondal Police. The victim was sent for medical examination at Gondal as well as Rajkot Government Hospital where the doctors found injuries on the private parts. The doctor has opined that the menstrual cycle of the victim still not started. The ossification test was done and age of the victim determined between 11 and 14. The police had obtained the school leaving certificate from the school where she studied and as per the certificate, the date of birth i.e. 22.05.1998 was recorded in her school register. The accused after the incident was absconded. Later on, he was arrested and his medical examination was also done. The investigating agency recorded the various statements of the witnesses and collected and seized the cloths of the victim as well as accused.

In the aforesaid facts and circumstances,