The main legal point established in the judgment is the requirement for reliable and corroborated evidence in cases of non-consensual sexual assault, emphasizing the need for the prosecution to provide sufficient evidence to prove the charges beyond reasonable doubt.

JUDGMENT

Mir Alfaz Ali, J. - Heard Mr. R. Ali, learned counsel for the appellant and Mr. T.K. Mishra, learned Addl. Public Prosecutor for the respondent.

2. This appeal is directed against the judgment and order passed by learned Sessions Judge, Goalpara in Sessions Case No. 26/2010. By the said judgment, the learned Sessions Judge convicted the appellant under Section 376 IPC and sentenced him to imprisonment for 7 (seven) years and also directed to pay compensation of Rs. 5,000/- (Rupees four thousand) to the victim.

3. As per prosecution case, on 15-12-2009 at about 8.30 in the evening when the informant (victim) was alone in her house, the appellant trespassed into the house being armed with a dagger and committed rape on her against her will. He also threatened the victim not to disclose the occurrence to anyone. A complaint was lodged by the victim on 17- 12-2019 before the Chief Judicial Magistrate, Goalpara, which was forwarded to police under Section 156 (3) of the Cr.P.C. for investigation. Treating the said complaint as an FIR, police registered Goalpara PS Case No. 547/2009 u/s 457/376/506 IPC and on conclusion of the investigation laid charge-sheet against appellant under sections 457/376/506 IPC.

4. In course of trial, learned Addl. Sessions judge framed charges against all the appellant u/s 457/376(1)/506 IPC IPC, to which the appellant pleaded not guilty. In order to bring home the charges, nine witnesses were examined by the prosecution. On appreciation of evidence, learned Sessions Judge convicted the appellant u/s 376 IPC and awarded sentence as has been indicated above.

5. Aggrieved, the appellant preferred the instant appeal.

6. I have considered the submissions made by the learned counsel Mr. R. Ali and the learned Addl. Public Prosecutor, Mr. T.K. Mishra. Also scrutinized the evidence brought on record.

7. The first witness examined by the prosecution was the victim herself, who lodged the FIR. In her evidence, the victim deposed that at about 8.30 in the evening, while she was alone in her house, the accused came to her house and asked her whether she was ready to marry him. When she turned down his proposal, the appellant forcibly laid her on bed, torn her maxi and committed rape on her. She also stated that the appellant had a dagger in his hand. Having seen the dagger, she did not raise alarm. She further stated that when her mother came back home,, she told her mother about the occurrence, who informed her elder sister Anwara (PW-4). She also stated to have informed her sister-in-law about the occurrence. During cross-examination, it was elicited that the accused/appellant was a neighbor to the victim and there were four rooms in her house, which were occupied by her parents, brother, sister, sister-in-law, and brother-in-law. She further stated that at the time of occurrence her father was working at the go-down, her mother and sister went to the house of her maternal uncle at distance of 150 hands, her brother went to his own work and uncle and aunty, who were also staying in the same house had gone to the house of their son. During cross-examination of this witness it was also elicited that on the eastern side of their house they have a grocery shop, which was run by PW-4 Anwara. The accused also had a grocery shop in front of their house across the road. She further stated that there were three other shops in the vicinity of their house. It was also elicited that the public road is adjacent to their house where the occurrence took place. It was elicited in her cross-examination that there was a market by the side of their house and her mother came after 1/2 hour of the occurrence and the rest of the family members arrived home at about 9/10 O''clock at night.

8. Pw-2 is the mother of the victim. According to her, she came home at about 9 O''clock and found that the victim was weeping and her clothes were torn. On being asked by PW-2, the victim told that the accused committed rape on her. Immedia