The main legal point established in the judgment is the reliance on the victim's testimony and medical evidence to establish the guilt of the appellant for assault and use of criminal force to outrage the victim's modesty.

JUDGMENT :

[Ratnaker Bhengra, J.]

1. Heard the learned amicus curiae appearing for the appellant and the learned counsel for the state.

2. This appeal is directed against the judgment of conviction and order of sentence, both dated 15.5.2010 passed by the learned Sessions Judge, Godda in Sessions Case No. 151 of 2008 arising out of Boarijore (Lalmatia) PS case No. 123 of 2007, corresponding to GR Case No. 1035 of 2007, whereby and whereunder, the appellant has been convicted under sections 354, 323 and 341 of IPC and sentenced to undergo RI for one year and six months with fine of Rs. 1,000/-, in default SI for one month for the offence under section 354 IPC, RI for six months for the offence under section 323 IPC and SI for fifteen days for the offence under section 341 IPC and all the sentences were directed to run concurrently.

3. The prosecution case, in brief, as per the fardbayan dated 11.10.2007 of the PW-1 informant (name concealed) is that on 09.10.2007 at 6 pm the informant had gone to attend nature's call. When she was returning, then, at the down of Simana Bandh, in the east, appellant Jai Kumar Yadav, came there suddenly and caught hold of her neck and took the informant to paddy field of one Mahesh Yadav and pushed her on the ground and assaulted the informant with fist, below her eyes. The informant raised halla, but, the appellant shut the mouth of the informant with his right hand and committed rape upon her and thereafter, he fled away. The informant became senseless and was lying there till 10:00 pm, in the night and after regaining her sense the informant came near her house, then, her younger son Manoj Mahto (PW-2) and one Kailash Yadav took her to her house, where the informant again became senseless. She regained her sense at about 8:00 pm next day and then she narrated the occurrence to her husband. On 11.10.2007, the villagers caught hold of the appellant and brought the appellant to the house of the informant and then matter was reported to the Lalmatiya police.

4. On the basis of the fardbeyan of the informant, Boarijore (Lalmatiya) PS Case No. 123 of 2007, GR No. 1035 of 2007 was registered against the appellant under sections 341, 323 and 376 IPC. After the investigation, charge-sheet was submitted against the appellant under sections 341, 323,307 and 376 IPC and cognizance of the offences were taken and the case was committed to the Court of sessions. Charges were framed against the appellant under sections 376, 307,323 and 341 of the Indian Penal Code and trial was held. At the conclusion of the trial appellant was convicted and sentenced as aforesaid, hence, this appeal.

5. Prosecution in support of its case had examined altogether twelve witnesses out of whom PW-1 is the informant or victim herself; PW- 2 is Manoj Kumar Mahto, who is the son of the informant; PW-3 is Harihar Mahto, who is the husband of the informant; PW-5 is Serveswar Mahto and PW-6 is Maheshwar Mahto and both are also the sons of the informant; PW-11 is Bijay Bhusan Minz, who is the Investigating Officer of the case and PW-12 is Dr. Usha Singh, who had examined the victim. PW-4, PW-7, PW-8, PW-9 and PW-10 were declared hostile by the prosecution.

6. PW-1 the victim has deposed that on the day of occurrence, at 6:00 pm, in the evening, appellant came and caught hold of her and pushed her in the field of one Mahesh Yadav and assaulted the victim with fist blows on her face as a result she became senseless. Appellant pressed her mouth with his right hand and lifted her sari with his left hand and committed wrong thing. Thereafter, victim was on the way to her house, but, before reaching her house she fell down near a drain and remained senseless till 10:00 pm. Kailash Yadav and his son Manoj Mahto brought her home and she informed about the incident to her husband.

7. PW-2 Manoj Kumar Mahto, is the son of the informant. PW-2 has stated in his evidence that occurrence took place on 9.10.2007 at 6 pm. Her mother went to attend the call of