The sole testimony of the victim is sufficient to establish the case of the prosecution in certain offences, as emphasized by the court in this judgment.

JUDGMENT

(Prayer: Criminal Appeal filed under Section 374 of the Code of Criminal Procedure, to set aside the conviction and sentence dated 05.02.2019 passed by the learned Sessions Judge, Fast Track Mahila Court, Krishnagiri, in S.C.No.135 of 2016.)

1. The present criminal appeal has been filed by the appellants to set aside the judgment of conviction and sentence dated 05.02.2019 passed by the learned Sessions Judge, Fast Track Mahila Court, Krishnagiri, in S.C.No.135 of 2016.

2. The appellants are arrayed as Accused Nos.1 and 2 in the above referred case. They stood charged for the offence under Sections 506(i), 354, 376(2)(l) of IPC. By judgment dated 05.02.2019, the learned Sessions Judge, Fast Track Mahila Court, Krishnagiri, came to the conclusion that the appellants are found guilty under Sections 450, 506(i), 354(B), 376(2)(l) and 376(2)(n) of IPC, convicted and sentenced them as follows:

Challenging the said conviction and sentence, both the accused are before this Court, by way of filing this Criminal Appeal. For the sake of convenience, hereinafter, the Accused Nos.1 and 2 are referred to as ‘appellants 1 and 2’.

3. The case of the prosecution is as follows:

(i) PW2-Saratha is the victim girl in the alleged occurrence. She knows the accused as they were residing in Kundumaranapalli and they are brothers. However, they were not related to PW2. Before four years from the date on which PW2 gave evidence before the trial Court that one day, in the evening hours when at the time, she was cleaning rice, the 1st appellant Muniraj came there and took her to the lane which was situated at the back side of her house. On another day, when PW2 watching television, the 1st appellant, by closing her mouth with cloth and tying her hands, took her to the same lane, and sexually assaulted her, however, as someone was nearing, he left her and ran away. Further prior to the complaint, on 14.01.2015 at about 07.30pm, the 1st appellant took the victim girl to a lane, and molested her. The 2nd appellant also had sexually assaulted her. Immediately, the said incidence was reported by PW2 to PW1, who is the mother of PW2. On receipt of the said information PW1-Seethama, preferred a complaint before the All Women Police Station, Denkanikottai.

(ii) PW16- Jayam, the then Inspector of Police, All Women Police Station, Denkanikottai on 15.01.2015, after receipt of the complaint given by PW1, registered a case in Crime No.1 of 2015, under Sections 376 (2)(l) (n) and 506(i) IPC. The printed FIR is marked as Ex.P17. The complaint given by PW1, was marked as Ex.P16. After registering the case, on the same day around 17.30 hours, she visited the scene of occurrence and in the presence of PW4 and PW9, prepared an observation mahazar under Ex.P18. She had drawn the rough sketch and the same has been marked as Ex.P19. She examined the witnesses and recorded their statements. She made arrangement for producing the victim girl before the Doctor for medical examination.

(iii) Later, in view of the direction given by PW16, PW10-Malarkodi, the then Head Constable, produced the victim girl