In sexual offence cases, a conviction based solely on the victim's testimony requires that the evidence possess 'sterling quality'—being inherently consistent, free from material contradictions, and supported by probable conduct—failing which, the testimony is unreliable and insufficient for sustenance of a conviction.

Judgment :

Pranjal Das, J.

Heard Shri B. Konwar, learned counsel for the appellant. Also heard Ms. B. Bhuyan, learned Senior Advocate and Additional Public Prosecutor, Assam assisted by Ms. R. Saloi, and Shri B. Prasad, learned Amicus Curiae for the respondent no. 2.

2. The instant criminal appeal has been filed under section 415 (2) of the BNSS, 2023 by the convict appellant, Ritu Bordoloi @ Rituparna Bordoloi, against the Judgment and Order dated 22.08.2024 passed by the learned Additional Sessions Judge cum Special Judge, POCSO, Morigaon in POCSO Case No. 285/2023.

3. By the impugned judgment, the appellant has been convicted under Section 366 IPC read with Section 6 of the POCSO Act. For his conviction under Section 6 of the , he has been sentenced to undergo rigorous imprisonment for 20 years and imposed with a fine of Rs. 20,000/- (Rupees twenty thousand) in default to undergo R.I. for three months. For his conviction under , he has been sentenced to undergo R.I. for five years and a fine of Rs. 10,000/- (Rupees Ten Thousand) in default to undergo R.I. for one month. Both the sentences have been directed to run concurrently. He was also given the benefit of set off.

4. The prosecution case before the learned Trial Court was that an FIR dated 25.07.2023 was lodged by the father of the victim girl before the Morigaon police station with the allegations that on 24.07.2023, the convict appellant took his 15 year old daughter Miss ‘X’ to Guwahati on the pretext of selection for a volleyball game, but his daughter did not return back. It is further alleged that the accused is a married person and his wife had come and informed that her husband has taken away the victim. On the basis of the FIR, Morigaon PS Case No. 286/ 2023 was registered under section 365 IPC. Subsequently, the girl came back to her parental place. The investigation continued in the case and upon completion of investigation, charge sheet was submitted against the convict appellant under section 365/ 376 (3) read with Section 6 of the POCSO Act, 2012. Subsequently, charges were also framed against him under section 366/376(3) read with Section 6 of the - the charges were read over and explained to the convict appellant as accused, to which he denied, whereupon the trial started.

5. During the trial, the prosecution examined 6 (six) witnesses including the I.O. and M.O. The victim was also examined. It may be mentioned herein that during the investigation, the statements of the victim were recorded by police as well as before the learned JMFC, Morigaon. The defense adduced the evidence of 2 (two) witnesses. After completion of the trial, the convict appellant, as accused, was convicted and sentenced as narrated above. Aggrieved by the same, he has filed the instant appeal.

6. The original TCR was called for and received.

7. The learned counsel for the appellant submits that in the statement of the prosecutrix recorded under Section 164 CrPC, she has referred to the alleged offence as only bad act. It is submitted that there is no consistency between the different statements of the prosecutrix, and that those are consistently inconsistent. It is submitted that the prosecutrix has narrated three different versions or stories regarding the incident. That,