Procedural irregularities in evidencing and the importance of corroborative medical evidence are crucial for just outcomes in sexual assault cases, as unsupported claims cannot sustain a conviction.

JUDGMENT :

Rajnesh Oswal, J.

1. This appeal arises out of the judgment dated 14.10.2006 delivered by the court of learned 2nd Additional Sessions Jammu (hereinafter referred to as 'the trial court'), by virtue of which the learned trial court has convicted the appellant for the commission of offences under section 376, 456 RPC and has sentenced him to undergo simple imprisonment for seven years along with fine of Rs. 1000/- for the commission of offence under section 376 RPC and imprisonment of two years along with fine of Rs. 1,000/- for the commission of offence under section 456 RPC. In default of the payment of the fine, appellant has been directed to undergo further sentence for a period of two months.

2. The judgment has been impugned by the appellant on the grounds that the learned trial court has not appreciated the evidence in its right perspective and has wrongly convicted the appellant when the medical evidence did not support the prosecution version. It is also stated that once the appellant was acquitted of the charge for the commission of offence under section 4/25 Arms Act, the appellant could not have been convicted for the commission of offences under section 376, 456 RPC as the factum of possession of the Kirch by the appellant was not proved, which was a vital fact in the sequence of events as projected by the prosecution.

Submissions of the Appellant

3. Mr. Gagan Basotra, learned Senior Counsel for the appellant argued that the prosecution has miserably failed to prove the age of the prosecutrix as 14 years and further the medical evidence has clearly negated the testimony of the prosecutrix, as the prosecutrix had stated that she suffered bleeding from private parts whereas the Doctor has clearly stated that there was no injury on any part of the body of the prosecutrix. He further argued that even the FSL report has demolished the prosecution story that trousers of the prosecutrix were having stains of blood and semen. Mr. Basotra further argued that the incriminating evidence against the appellant was not put to him in accordance with law and it has caused miscarriage of justice to the appellant.

Submissions of the Respondent

4. Per contra, Mr. Pawan Dev Singh, learned counsel for the respondent argued that the prosecutrix as well as her family members have clearly deposed in an unambiguous manner that the appellant entered in the room of the prosecutrix where her brother and sister were also sleeping and he sexually assaulted the prosecutrix. He further argued that in view of the statement of the prosecutrix, the evidence of the Doctor would have no bearing upon the merits of the case.

5. Heard learned counsel for the parties and perused the record including trial court record.

Prosecution Case

6. The case projected by the prosecution in the charge-sheet is that the prosecutrix lodged an oral report with Police Station Ramgarh on 22.07.2012 at 01:15 a.m. stating therein that she along with her brother and sister, was sleeping in the room and her parents were sleeping in the verandah of the house. The light was on in the room. At around 12:15 a.m., someone forced entry into the room and gagged her mouth with his hand. She woke up and was scared. She found that the light was off in the room. When she tried to get rid of him, he threatened her not to make any noise otherwise, he would kill her as he was armed with a kirch. She recognized him from his voice as the appellant, who was residing adjacent to their quarter. He slapped her thrice, opened the string of her trousers and sexually assaulted her. She raised hue and cry and her brother as well as sister woke up. His brother switched on the light. After hearing the noise, her parents also came there. Accused had bolted the door from inside and after opening the door and by threatening her parents with the Kirch, who were standing at the door, succeeded in fleeing away from the spot. Her parents found her without trousers. She disclosed the incident to her parents.