The main legal point established in the judgment is the reliance on the victim's testimony, medical evidence, and corroboration from witnesses in cases of sexual assault, emphasizing the need to protect the rights and dignity of the victim.

JUDGMENT :

Dr.D.P.Choudhury, J.

This captioned Jail Criminal Appeal is filed by the appellant from Jail against the judgment of conviction and sentence passed under Section 376 of the Indian Penal Code (hereinafter called as “I.P.C.”) by the learned Additional Sessions Judge, Rairangpur in Sessions Trial No.08 of 2014 sentencing the appellant to undergo R.I. for seven years and to pay fine of Rs.10,000/-in default to undergo further R.I. for one year for the offence under Section 376 of IPC.

2. The conspectus of the case of the prosecution, in short, is that on 30.11.2013, while the victim, who was 80 years old, was sleeping alone in her house, as an ill luck would have it, the appellant knocked the door of the house of the victim in the midnight. On being opened by the victim, the appellant came in and asked for match box and Gutka. Before the victim responded to his request, the appellant gagged her mouth and forcibly made sexual intercourse on her by putting her on the cot. The victim tried to raise hullah but the appellant over powered her. After the sexual assault, the appellant fled away.

3. It is the further case of the prosecution that on the next morning, the victim went to her daughter’s house, which is only at a few distance from her house and narrated the incident to her by crying. Due to sexual assault, the victim was sustained injury on her private part and her wearing apparels were stained with blood and semen. Thereafter, she along with her daughter and son-in-law went to Bisoi Police Station where FIR was lodged. During investigation, the victim was examined by the doctor on police requisition. The blood stained and semen stained wearing apparels of the victim were seized by the police. Police also seized the wearing apparels of the appellant. All the seized properties were sent for chemical examination and chemical examination report has been submitted. After completion of investigation, charge sheet has been submitted.

4. The plea of the appellant, as revealed from his examination recorded under section 313 of Cr.P.C. and suggestions made to the prosecution witnesses during cross-examination by defence, is complete denial to the charge levelled against him and he pleaded that he has been falsely implicated in this case due to dispute with victim’s son-in-law. On the other hand, he pleaded innocence.

5. The prosecution, in order to prove its case, has examined as many as 14 witnesses out of which P.W.1 is the daughter of the victim, P.W.2 is the son-in-law of the victim, P.W.3 is the victim, P.Ws.4, 5, and 7 are post occurrence witnesses, P.W.6 is the scribe to the FIR, P.Ws.8 and 10 are doctors, P.Ws.9, 11, 12 and 13 are seizure witnesses and P.W.14 is the Investigating Officer. The defence examined none.

6. Learned Trial Court, after analyzing the evidence of each witnesses, found the appellant guilty under Section 376 of IPC and sentenced him to undergo R.I. for seven years and pay a fine of Rs.10,000/-in default to further undergo R.I. for one year for the said offence.

7. Ms.Panda, learned counsel for the accused-appellant strenuously urged that the appellant has been falsely implicated in this case. Learned Trial Court has failed to appreciate the evidence available on record properly. According to her, the victim admittedly has low vision and as per the version of her daughter, she has lodged the FIR against the present appellant.

8. Ms.Panda, learned counsel for the appellant further submits that learned Trial Court has committed illegality by not evaluating the evidence properly with regard to the genital injury the victim sustained. Since there is no external injury, the story of the prosecution should not be assessed against the appellant. Learned Trial Court has failed to appreciate the conduct of the victim because at a so old age, being a widow, as she was living in her house alone. Had there been a protest to the act of the appellant, there would have been injury like nail mark or any other kind of inju