The testimony of a victim in sexual assault cases, if credible, is sufficient for conviction without corroboration, as established in relevant case law.

JUDGMENT :

By Court:

I.A. No.9033 of 2024

Since, the instant Criminal Appeal has been taken up for hearing, as such, the instant interlocutory application filed under Section 389(1) Cr.P.C. stands dismissed.

Cr. Appeal (D.B.) No. 1089 of 2018

2. Heard, learned counsel for the appellant, Mr. Ankit Kumar and learned counsel for the State, Mr. Tarun Kumar, Additional Public Prosecutor.

3. The instant criminal appeal is directed against the conviction of the sole appellant under Section 376 of the Indian Penal Code and Section 6 of POCSO Act vide judgment of conviction dated 27.06.2018 and order of sentence dated 28.06.2018, whereby he has been sentenced to undergo imprisonment for life which means imprisonment for the remainder of his natural life and fine of Rs.20,000/-

4. The learned counsel for the appellant submitted that there is no eye witness or independent witness to prove the prosecution case. He further submits that the allegation of continuous rape has not been supported by any medical evidence on record. He also submitted that Doctor P.W-4 did not find injury on private part of the victim. The Doctor opined that there was no visible sign of intercourse. Investigating Officer of this case had not taken statement the victim's brother, mother and grandmother as witnesses. He also submits that the victim's statement Under Section 164 of Cr.P.C is contradictory to the fardbeyan and her statement before the Trial Court. He further submits that the victim's statement made Under Section 164 of Cr.P.C was tutored by the victim's grand-mother. The mandatory requirement of providing certificate before recording of the statement was not adhered with. Hence, the learned counsel for the appellant prays for acquittal of the appellant.

5. The learned counsel for the state has defended the impugned conviction and order of sentence passed by the Trial Court. He submits that there is no reason as to why a daughter would falsely implicate her own step father in such heinous crime especially when the victim is residing in the house of the appellant with her mother. He further submits that there seems no reason to disbelieve or discard the oral testimony of the prosecutrix. The learned counsel defended the judgment by stating that the victim’s testimony is corroborated by the medical examination report prepared by P.W.-4, which is a crucial piece of evidence. He further submits that the Trial Court is correct in passing the judgment of conviction and order of sentence which requires no interference.

6. The prosecution case based on the fardbeyan of the victim-informant is that on 15.08.2014 at night the appellant and mother of the victim were sleeping in a room, whereas the victim was sleeping alone in another room. She stated that the appellant came in the room of victim at about 11.00 O’clock and forcibly committed rape upon her on the point of knife and threatened her not to disclose anything about it. She further stated that after the incident the appellant always used to establish physical relation with her, finding her alone and he had burnt all the clothes of the victim. The victim could not inform about it to anyone, due to fear. She further stated that on 27.08.2014 in the night, when the victim was sleeping in her room, the appellant came in the room and tried to commit rape with her. The victim protested the said attempt whereupon the appellant tied the victim with her dupatta and thereafter, he disrobed her and insert the finger in her vagina, thereafter he untied her. The victim told it to her mother, but her mother did not respond. The victim could not inform to anyone else due to shame. Her mother instead took her towards Retire Colony for work from where the victim fled away and went to the house of her grand-mother.

7. On the basis of the aforesaid fardbeyan, FIR was registered being Chakradharpur P.S. Case No.88 of 2014 under Sections 376 of the Indian Penal Code and under Section 4/6 of the Protection of Children from Sexual Offen