In cases of sexual assault, the victim's testimony can be the sole basis for conviction, underscoring the absence of consent as pivotal in determining guilt.

JUDGMENT & ORDER :

MRIDUL KUMAR KALITA, J.

1) Heard Mr. Laltanpuia, learned counsel for the appellant. Also heard Mrs. Linda L. Fambawl, learned Public Prosecutor, appearing for theState respondents.

2) This appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 (Cr.P.C) has been filed by the appellant Lalnunzawma, impugning the Judgment dated 13.03.2024 as well as sentencing order dated 14.03.2024 passed by the Court of learned Addl. Sessions Judge, Aizawl, Mizoram in Sessions Case No. 34/2024 corresponding to All Women P.S. Case No. 6/2023, whereby, the appellant was convicted under Section 376 (1) of the Indian Penal Code ( IPC ) and was sentenced to undergo Rigorous Imprisonment for ten (10) years with a fine of Rs. 10,000/- and in default of payment of fine to undergo further Simple Imprisonment for three (3) months.

3) The facts relevant for consideration of the instant appeal, in brief, are that on 19.02.2023, the victim girl (herein after referred to as ‘X’ to protect the identity of the victim) had lodged an FIR before the Officer-in-Charge of All Women Police Station, inter alia, alleging that on 18.02.2023 between 2 PM to 3 PM, her friend Lalnunzawma(present appellant) had raped her in their jhum hut at Reiek road. It was also alleged in the FIR that she suffers injuries on her knee, elbow and arm. On receipt of the said FIR, All Women Police Station Case No. 6/2023 was registered under Section 376 (1)/323 of the IPC and investigation was initiated. During the course of the investigation, the appellant was arrested. He faced the trial while remaining behind the bars.

4) On 05.06.2023, the Court of Addl. Sessions Judge, Aizawl, after considering the materials available on record as well as after hearing both the sides, framed charges under Section 376 (1) IPC as well as Section 323 of the said Code against the appellant. When the said charges were read over and explained to the appellant, he pleaded not guilty and claimed to be tried. The prosecution side had examined nine (9) prosecution witnesses including the victim ‘X’, who was examined as PW-1.

5) The appellant was examined under Section 313 of the Cr.P.C, during which he admitted of having sex with the victim girl but he stated that he did not rape her. He also pleaded his innocence. He also adduced evidence of three (3) defence witnesses in support of his defence, including himself as DW-1. Ultimately, by the Judgment & Order, which has been impugned in this appeal, the appellant was convicted and sentenced in the manner as discussed in paragraph No. 2 of this judgment.

6) Before considering the submissions made by the learned counsels for both sides, let us go through the evidence of the prosecution as well as the defence witnesses, which is available on record.

7) The PW-1, who is the victim girl (X), has deposed that she was a student of B.A course at J. Thankima College. She has deposed that from 21.01.2023, she got acquainted with the appellant on facebook and thereafter, exchanged their phone number and started chatting through WhatsApp. She had deposed that the appellant used to asked her to visit Reiek Tlang and his farm house, which is located on the way to Reiek Tlang. Accordingly, on 18.02.2023, they planned to go to Reiek Tlang and she waited for him near Presbyterian Church, Republic Veng, Aizawl. She has further deposed that at around 10 – 11 AM, the appellant picked her up from there and they proceeded towards Reiek Tlang on the scooty of the appellant, which was dark blue in colour. She has further deposed that as Reiek Tlang was quite far, she asked the appellant to go to the farm house instead of Reiek Tlang. Accordingly, they pro