JUDGMENT :

MIR ALFAZ ALI, J.

1. Heard learned counsel, Mr. A. Choudhury for the appellant and Mr. B.B. Gogoi, learned Addl. P.P. for the State/respondent.

2. This appeal is directed against the judgment and order passed by learned Asstt. Sessions Judge, Hailakandi, in Sessions Case No. 80/2016. By the said judgment, learned Asstt. Sessions Judge convicted the appellant u/s. 376/506 IPC and sentenced him to rigorous imprisonment for seven years and fine of Rs. 10,000/- with default stipulation. The appellant was further sentenced to imprisonment for one year u/s. 506 IPC.

3. As per prosecution case, on 4.10.2014, at about 8 O'clock at night, the victim went to witness the immersion of idol "Durga" with some of her friends. As she went towards Narayanpur Bazar in order to attend the call of nature, the appellant dragged her to the Senior Basic School by gagging her mouth and committed rape on her inside the school. After the occurrence, she narrated the incident to her brother Ranu Das. On the next day, the victim herself lodged the FIR (Exhibit-1), on the basis of which, police registered the Algapur P.S. Case No. 253/2014 under sections 341/376/506 IPC. During the course of investigation, police recorded statement of the witnesses and sent the victim for medical examination. The statement of the victim was also recorded u/s. 164 Cr.P.C. On conclusion of investigation, charge-sheet was laid against the present appellant u/s. 341/376/506 IPC and eventually he stood trial.

4. In course of trial, prosecution examined five witnesses including the doctor and the investigating officer. The appellant did not adduce any evidence in his defence. On appreciation of evidence, learned trial court convicted the appellant u/s. 376/506 IPC and awarded sentence as indicated above.

5. Aggrieved the appellant preferred the instant appeal.

6. Learned counsel for the appellant submits that there was no other eye witness except the victim and the oral testimony of the victim was not at all reliable, as there were material contradictions between her previous statement and oral testimony before the court. The medical evidence also did not support the oral testimony of the PW 1 (victim) and therefore, no conviction could be recorded on the basis of unreliable solitary evidence of the victim, submits Mr. Choudhury. Learned Addl. P.P., Mr. BB Gogoi supporting the impugned judgment contended, that in a case of sexual assault, there is no bar in recording conviction relying on the sole testimony of the victim, inasmuch as, such offence having taken place in private, there may not be any other direct witness.

7. Apparently, except the oral testimony of the victim, who has been examined as PW 1, there is no other direct evidence, and as such, learned trial court basically relying on the sole testimony of the victim, recorded the conviction of the appellant. Since the offence of sexual assault of present nature usually takes place in private, independent witness is seldom available. Therefore, it is the settled position, that if the oral testimony of the victim is found to be reliable and trustworthy, there is no impediment in basing conviction on the sole testimony of the victim. What is therefore, important is, while convicting an accused on the basis of the solitary testimony of the victim, it is necessary on the part of the court to scrutinize the evidence cautiously and if on such scrutiny, the testimony of the prosecutrix is found to be fully reliable and inspiring confidence, there is no bar in basing conviction on the sole testimony of the prosecutrix.

8. The victim, who has been examined as PW 1, deposed in her evidence, that she went to see Durga Puga at Durgabari at about 8 pm with her friends. At that time, when she went to the southern side of the shop of one Sayar Ali to attend the call of nature, the accused/appellant arrived there and dragged her to the Senior Basic School by gagging her mouth. Though, she tried to raise alarm, the accused threatened