Credible testimony of the victim in sexual assault cases can suffice for conviction even without corroborating medical evidence, particularly in gang rape situations where evidence may be challenging to secure.

JUDGMENT :

Mridul Kumar Kalita, J.

Heard Mr. S. C. Biswas, learned counsel for the appellants. Also heard Ms. S. Jahan, learned Additional Public Prosecutor for the State.

2. By this common judgment, it is proposed to dispose of two criminal appeals, namely, Criminal Appeal No. 98/2016, as well as Criminal Appeal (J) No. 77/2018.

3. The Criminal Appeal No. 98/2016 has been preferred by the appellants, namely, 1. Mongol Arya, 2. Chan Mohan Arya, 3. Gopal Rabi Das, and 4. Parameshwar Chouhan, impugning the judgment and order dated 25.01.2016, passed by the learned Sessions Judge, Chirang at Kajalgaon in Sessions Case No. 23(B)/2015, whereby the appellants were convicted under Section 376(2)(g) of the INDIAN PENAL CODE , and were sentenced to undergo rigorous imprisonment for 10 years with a fine of Rs. 2000/- each and in default of payment of fine, to undergo further rigorous imprisonment for six months. The appellants were also convicted under Section 325 of the INDIAN PENAL CODE and were sentenced to undergo rigorous imprisonment for 2 years with a fine of Rs. 1000/- each and in default of payment of fine, to undergo further rigorous imprisonment for 3 months. The appellants were also convicted under Section 379 of the INDIAN PENAL CODE , and were sentenced to undergo rigorous imprisonment for one year with a fine of Rs. 1, 000/- each and in default of payment of fine to undergo further rigorous imprisonment for 3 months. All the sentences were directed to run concurrently.

4. The Criminal Appeal (J) No. 77/2018 was registered on receipt of an appeal petition which was filed by the appellants, namely, 1. Chan Mohan Arya, 2. Gopal Rabi Das, and 3. Parameshwar Chouhan, through Superintendent of District Jail, Goalpara, where they are presently detained, also impugning the aforementioned judgment of the learned Sessions Judge Chirang. It is pertinent to mention herein that though jail appeal was registered on the basis of an appeal petition filed by the aforesaid appellant, they had earlier filed the Criminal Appeal No. 98/2016 impugning the same judgment, hence, both the appeals were taken up together for consideration.

5. The facts relevant for consideration of the present Criminal Appeals, in brief, are as follows: -

(i) That on 19.05.2019, the victim (original name withheld and hereinafter referred to as 'Ms. M') lodged an FIR before the Officer-in- Charge of Bijni Police Station, inter-alia, alleging that on 18.05.2009 at around 12.30 pm when the victim was talking to her friend Deepak Das sitting near a tree at the south west bank of the Duloni river, the accused persons named in the FIR including the present appellants all of a sudden assaulted the friend of the victim without any reason and thereafter, they forcibly dragged the victim to the nearby jungle and repeatedly raped her. The accused persons named in the FIR (including the present appellants) tore the clothes of the victim and pressed her neck causing injuries on her person, they also prevented her from shouting and threatened to kill her if she raises any commotion. After the said incident, when nearby people reached there, the accused persons fled away from the said place.

(ii) On the basis of the aforesaid FIR, Bijni P. S. Case No. 113/2009 was registered under section 147/323/341/376(2)(g) /379/427 of the INDIAN PENAL CODE and investigation was initiated.

(iii) After completion