A conviction for sexual assault can be sustained solely on the victim's testimony if it is found trustworthy, consistent, and credible. Mandatory corroboration is not required, and the absence of forensic evidence or delay in filing an complaint does not per se negate the guilt of the accused.

JUDGMENT :

MITALI THAKURIA, J.

Heard Mr. T. Deuri, learned counsel for the appellant. Also heard Mr. P. Borthakur, learned Addl. Public Prosecutor, Assam for the State respondent No.1. None is present to represent the respondent No.2.

2. This appeal has been preferred by the accused appellant against the judgment and order dated 05.12.2019, passed by the learned Assistant Sessions Judge, Kokrajhar in Sessions Case No.68/2019, whereby the appellant was convicted and sentenced to undergo simple imprisonment for 8 (eight) years for committing an offence under Section 376 of the IPC and fine of Rs.20,000/- (Rupees Twenty Thousand), in default to undergo further simple imprisonment for another 6 (six) months and to undergo simple imprisonment for 2 (two) years for committing an offence under Section 420 of the and to undergo simple imprisonment for 6 (six) months for committing an offence under Section 506 of the .

3. The prosecution case, as revealed from the FIR lodged by the informant/the victim of the case is that the accused being known as Kabiraj, she was brought by her father for treatment of jaundice fever. The Kabiraj/accused stated her father to keep the victim in the residence of the accused person for better treatment and accordingly, she was left in the residence of the accused person and the accused taking the advantage, sexually assaulted the victim and committed rape against her forcefully. Accused person also instructed her not to disclose the matter of rape to anyone. While victim was developing her 27 weeks pregnancy, the family members saw her physical transformation and on query of the family members, the victim disclosed the evil deeds of the accused person and accordingly, she lodged the FIR before the police. On receipt of the FIR, the officer-in-charge of the Bagribari Police Station registered the Bagribari P.S. Case No.53/18, against the accused person, namely, Melason Marak under Sections 120(B)/354/420/376/506 of the IPC. The investigation officer visited the place of occurrence, recorded the statement of the witnesses including the statement of victim under Section 164 of the CrPC and the victim was medically examined. After completion of the investigation and having found sufficient evidence against the accused person, submitted the charge sheet against him under Section 376/420/506 .

4. As the offence is exclusively Sessions triable, hence the learned Addl. CJM, Kokrajhar committed the case to the court of learned Sessions Judge, Kokrajhar and the learned Sessions Judge, Kokrajhar registered it as a Sessions case and transferred the same to the Asstt. Sessions Judge, Kokrajhar for disposal. On appearance of the accused person and hearing the counsel for both sides, prima-facie materials were found against the accused Melason Marak under Section 376/420/506 IPC. Hence, formal charge was framed against the accused under the aforesaid section of law and the same being read over and explained, the accused pleaded not guilty and claimed to be tried. During the trial, the prosecution examined as many as eight (8) witnesses including the M.O. and I.O. and