The victim's testimony in cases of sexual offences can be relied upon without corroboration, and medical evidence is considered advisory. The absence of a co-accused does not bar the trial and conviction of the appellant.

JUDGMENT :

HITESH KUMAR SARMA, J.

1. The Criminal Jail Appeal No. 100/2016, has been preferred against the judgment and order, dated 3.8.2016, in Session Case No. 14/2014, passed by the learned Sessions Judge, Golaghat, convicting and sentencing the appellant to rigorous imprisonment for 20 years and to pay a fine of Rs. 5,000 and in default, simple imprisonment for another 1 month under section 376D of the IPC and rigorous imprisonment for 3 years and to pay a fine of Rs. 1,000, and in default, simple imprisonment for another 15 days under section 456 of the IPC.

2. The prosecution case, as unfolded during the trial, is that on 12.9.2013, at about 10 : 00-11 : 00 p.m., while the victim (PW1) was sleeping in her house, the appellant and his co-accused Kon Borah entered into the house by cutting the rope of the door and dragged her out to the enclosed yard and committed rape on her under death threat. Thereafter, the appellant and his co-accused left the place of occurrence. On application of the victim, the villagers convened a “bichar” which did not yield any result due to non-participation of the appellant and his co-accused. Only after failure to hold the “bichar”, she lodged the FIR on 16.9.2013. Therefore, the delay in lodging the FIR.

3. On receipt of the FIR on 16.9.2013, the Uriamghat Police Station registered a case, being No. 42/2013, under section 457/376D of the IPC. The Police investigated into it, collected evidence, and on completion of the investigation, laid the charge-sheet against the appellant and his co-co-accused under section 457/376D of the IPC. The co-accused Kon Borah has been absconding. However, a formal charge against the appellant under section 456/376D of the IPC was framed to which the appellant pleaded innocence. Therefore, the trial commenced.

4. We have heard Mr. A. Ahmed, learned amicus curiae appearing for the appellant and Mr. M. Phukan, learned Additional Public Prosecutor, appearing for the State of Assam. Also perused the record of the learned trial court, including the impugned judgment.

5. The prosecution has examined as many as 7 witnesses, including the Medical Officer and the Investigating Police Officer. After closure of the prosecution evidence, statement of the appellant was recorded under section 313 of the Cr.PC. In his such statement, the appellant had denied the accusations and also declined to lead any evidence.

6. On perusal of the evidence on record and the impugned judgment, it is found that there is no eye-witness to the occurrence and the decision of the learned trial court is based on the sole testimony of the victim (PW1).

7. The evidence of PW1 (victim) is that at about 10 : 00 p.m. on a day in the month of “Bhad”, she was sleeping in her house and her younger brother (PW6) was also sleeping in another room of the house after taking liquor. The appellant and his co-accused Kon Borah entered into her house by cutting open the door, gagged her and dragged her out of the house to the enclosed yard and committed rape on her person. Rape was committed on her person first by the co-accused Kon Borah and thereafter by the appellant. However, she could not raise alarm as she was gagged. The co-accused Kon Borah also threatened her that she would be killed. She came back home after the incident. She felt ashamed of the incident and, therefore, did not tell about it to her younger brother (PW6). She narrated about the incident to the PW2, Manashi Gogoi, on the next day of occurrence. Her sister-in-law went to her parental home and she returned after few days of the date of the incident. On her return, the victim lodged the FIR with the Police vide Ext. 1. The victim also got her statement recorded in the court vide Ext. 2.

In her cross-examination, she deposed that she lodged the FIR after 2 days of the incident. She also deposed that she has 2 paternal aunts, namely, Kuleswari Gogoi and Khaneswari and also 1 paternal uncle Moina Bora who resided in the vicinity of her house. However,