The testimony of a victim, while critical, must be corroborated by independent evidence to ensure reliability in conviction.

JUDGMENT :

Pradeep Kumar Srivastava, J.

1. The present appeal has been file for setting aside the judgment of conviction dated 06.12.2006 and order of sentence dated 08.06.2006 passed by learned Additional Sessions Judge-III, FTC, Dumka in Sessions Case No.392 of 2003 whereby and whereunder, the appellant has been held guilty for the offences under section 376 of Indian Penal Code and sentenced to undergo R.I. of 7 years along with fine of Rs.3.000/- with default stipulation.

FACTUAL MATRIX

2. Factual matrix giving rise to this appeal is that the husband of the informant namely Hamid Miya lodged a written report with allegation that at about 8 O’ clock at night of 27.03.2001, the present appellant entered into the house of the informant and committed rape with his wife in his absence. When the informant returned to his house, then his wife told about the above incidence. It is further alleged that due to life threatening given by the appellant, his wife did not inform the above incidence to any of the villagers.

3. On the basis of above information, an FIR being Shikaripara P.S. Case No.26 of 2001 was registered for the offence under section 376 of IPC . The police conducted thorough investigation of the case and submitted final form with conclusion that the above incidence has not been proved and the false FIR has been lodged and also recommended for prosecution of the informant under sections 182 and 211 of the Indian Penal Code . .

4. The informant filed a protest-cum-complaint petition against the final form, which was registered as complaint Case No.415 of 2001. After conducting enquiry, learned JM 1st Class, Dumka found prima-facie case for offence under section 354 of IPC against the appellant and proceeded with trial of the case. After closure of the prosecution witness, the case was fixed for appearance of the accused person for recording his statement under section 313 of Cr.P.C on 18.11.2003. Learned Judicial Magistrate, Dumka on the basis of evidence available on record found offence under section 376 of IPC , hence, the case was committed to the court of Sessions for Trial and disposal. After conclusion of the trial before the Sessions Court, the impugned judgment and order was passed, which has been assailed in this appeal.

5. Learned counsel for the appellant submits that only the informant and his wife (victim lady) are main witnesses of the case and other witness namely Amdadul Mian(P.W.1) has not supported the prosecution story. Dr. Aruna Chattarjee(P.W.4) has medically examined the victim lady and found no sign of rape as alleged by the victim lady and P.W.5 Md. Mosafir Ansari is Advocate Clerk and a formal witness. The FIR was lodged after eleven days of the alleged occurrence with simple explanation offered by the informant that he was out of station and his wife was alone in the house and also due to fear of life threatening, she did not disclose the alleged incidence to any of the villagers, which does not satisfy the reasons for delay in lodging the FIR. The villagers may lie but after thorough investigation of the case, the Investigating Officer found the case false and also recommended a proceeding under sections 182 and 211 of IPC against the informant and due to that fear, the complaint case was filed. It is utter surprising that learned Magistrate found sufficient materials for proceeding only for the offence under section 354 of IPC on the basis of sworn affirmation of the complainant and the victim lady. After charge, the prosecution story was twisted by the witnesses with allegation of commission of rape without any corroboration from any source and the case was committed to the court of Sessions. It is further submitted that learned trial court has also committed serious illegality while accepting the testimony of the victim and her husband as a gospel truth without proper appreciation of the fact that due to enmity, this false case was lodged and the version of the witnesses including the victim lady